Many people often wonder who can be held responsible for an injury that occurs from a slip and fall accident.
Thousands of people are hurt each year (some of them quite seriously) when they slip or trip and fall on unsafe flooring, down a set of stairs, or on a rough patch of ground. However, a personal injury lawyer / attorney in Guam can tell you that there will be times when the property owner is liable for your injuries, and there will be times when he or she is not.
If you’ve been hurt during a slip and fall incident, you should first take into consideration the fact that it is a normal part of life for things to fall or drip onto a floor or the ground, and for smooth surfaces to become uneven. Accordingly, property owners (or occupiers) can’t always be held liable for immediately picking up or cleaning up each and every slippery substance that falls on a floor, nor can he or she always be held responsible for someone slipping or tripping on an object that an ordinary person would expect to find there or should see and avoid. We do, after all, have a responsibility to watch where we are going. Nevertheless, property owners are required to carefully and appropriately maintain their property.
Even though there is no exact way to figure out when someone else is legally liable for something on which you slip or trip, a Guam personal injury lawyer will tell you that cases succeed or fail based on whether or not the property owner acted carefully so that the slipping or tripping was not likely to occur, as well as whether or not you were careless in not seeing or avoiding the thing on which you fell.
In order for a property owner or occupier to be held legally liable for your injuries from slipping or tripping and falling on his or her property, at least one of the following must be true:
- The owner/occupier of the premises (or an employee thereof) must have been the cause of the spill, damaged area, or other slippery or hazardous surface or item to be underfoot.
- The owner/occupier of the premises (or employee thereof) must have been aware of the hazardous condition, but he or she did nothing to rectify it.
- The owner/occupier of the premises (or an employee thereof) should have been aware of the hazardous condition because any “reasonable” person maintaining the property would have noticed it and removed or repaired it.
If you need the services of a personal injury lawyer / attorney in Guam, please call our law firm for a free consultation.