Agency Law: Slip And Fall Incidents - Who's Liable?

Slip and fall accidents are a leading cause of unintentional injuries and account for over a million emergency room visits in the US each year. If you've been injured in a slip and fall accident, you may be wondering if you can hold someone else legally responsible for your injuries. The answer depends on the concept of agency law, specifically premises liability, and whether the property owner or occupant was negligent in their duty of care.

Proving negligence

Duty of Care:

Firstly, you must establish that the property owner or business owner owed you a duty of care. This means showing that you had a right to be on the property and that they had a responsibility to keep you safe from harm. For example, if you were a customer in a store, the owner would have a duty to ensure your safety.

Breach of Duty:

Next, you must prove that the property owner or business owner breached their duty of care by acting negligently. This could include causing or creating a hazardous condition, such as a spill or uneven flooring, or failing to take reasonable steps to fix a known hazard or warn visitors about it. For instance, if a restaurant owner fails to mop up a spilled drink promptly and you slip and fall as a result, they would likely be found negligent.

Causation:

You must then demonstrate that the property owner's negligence directly led to your injuries. In other words, you need to show that their breach of duty caused your accident and the resulting harm. This can be done through evidence such as medical reports and expert witness testimony.

Damages:

Finally, you must prove that you suffered losses or damages as a result of the accident. These can include economic damages, such as medical bills and lost income, and non-economic damages, such as pain and suffering, loss of quality of life, or emotional trauma.

Gathering Evidence:

Owner vs occupier negligence

Slip and fall cases can be complicated as the person who occupies the property may not be the owner. Therefore, it is important to understand which party is responsible for the upkeep of the space and what types of failures are considered negligent.

Owner Negligence

All property owners have a duty to maintain their premises. If they know of a hazard or should be aware of one, and they do not fix it and/or provide appropriate warning, the property owner can be held responsible for resulting falls.

Owners are potentially liable for injuries occurring on any part of the property over which they have retained control. For example, common areas used by multiple tenants are legally considered under the control of the owner. If a tenant or other invitee is injured in a common area, the owner (not the tenant) will probably be held liable.

An owner can also be held liable if they rent out the property in a dangerous condition without warning the tenant. In that case, even if the tenant is in total control of the property, any injuries stemming from the previously existing dangerous condition will be the owner's responsibility. However, if the owner notifies the tenant of the dangerous condition and requires them to repair it as part of the lease, responsibility shifts back to the tenant.

Occupier Negligence

Occupiers also have an obligation to keep their premises reasonably safe. If they know, or should be aware of, a hazard in the space they are renting, they too must correct the problem and/or provide warning of the risk. If an occupier cannot fix the hazard themselves, they must promptly notify the property owner.

If you are injured in a rented space, you would generally file a slip and fall lawsuit against the occupier if they failed to address the hazard. However, you may also have a claim against the property owner if:

• The property owner had maintained control (such as of a common area in an apartment)
• The property owner rented the property with hazards they failed to disclose
• The lease agreement specifies that the owner is responsible for certain repair and maintenance tasks which the owner failed to fulfil

Components of Negligence

Whether pursuing a claim against the property owner or occupier, negligence must generally be proven to receive compensation in a slip and fall lawsuit. The following components of negligence must be demonstrated:

• The property owner or occupier either caused the hazardous condition, had knowledge of it, or should have known of it if they exercised the level of care a reasonable person would have exhibited
• The property owner/occupier failed to correct the condition if there was a reasonable opportunity to do so and/or failed to warn of the hazard
• The owner/occupier’s failure was the direct cause of injury
• The injury caused harm

Components of negligence

In the context of a slip and fall incident, negligence refers to the failure of a property owner or occupier to fulfil their duty of care, creating conditions that directly lead to someone's fall and resulting injuries. Here are the components of negligence that must be proven for a successful slip and fall claim:

Duty of Care

The plaintiff must establish that the defendant owed them a legal duty of care. In the case of slip and fall incidents, property owners or occupiers have a responsibility to maintain their premises in a reasonably safe condition. This duty of care includes identifying and addressing slipping hazards or providing appropriate warnings.

Breach of Duty of Care

It must be proven that the defendant breached their duty of care by failing to exercise reasonable care. In the context of slip and fall cases, this could mean that the defendant caused the hazardous condition, knew about it and did nothing, or should have known about it if they had acted with reasonable care.

Cause-in-Fact of Harm

The plaintiff must demonstrate that the defendant's breach of duty was the actual cause of their injuries. In other words, "but for" the defendant's actions or inactions, the plaintiff's injuries would not have occurred. For example, if a property owner failed to address a spill on the floor, which then caused someone to slip and fall, the owner's inaction is the cause-in-fact of the harm.

Proximate Cause of Harm

Proximate cause relates to the scope of the defendant's responsibility. The defendant is only liable for harms that they could have reasonably foreseen as a result of their actions or inactions. In the context of slip and fall cases, it must be established that the defendant should have been aware that their failure to address a hazard or provide a warning could cause harm.

Harm to the Plaintiff

Finally, the plaintiff must prove that they suffered harm, typically in the form of bodily injury or property damage. In the context of slip and fall cases, this could include physical injuries, medical expenses, lost income, pain and suffering, and other economic and non-economic losses.

It is important to note that the specific laws and requirements may vary based on jurisdiction, and consulting with a qualified attorney is essential for understanding your legal rights and options.

Contributory negligence

If contributory negligence is argued, it means that if an injured person is found to have contributed to the incident in any way, they cannot recover compensation for their injuries. The law does not allow an apportionment of fault; any contribution, no matter how slight, can completely bar an injured person’s right to recover damages.

However, in most parts of the United States, contributory negligence rules have been replaced by comparative negligence rules. If you live in a state with comparative negligence rules, you can still pursue a claim even if you are partly to blame for your fall. In this case, you will receive less compensation.

Comparative negligence

With comparative negligence, you can still pursue a claim even if you are partly to blame for your fall, but your compensation will be reduced according to your percentage of fault. For example, if you are awarded $50,000 in damages but are found to be 10% to blame, your damages will be reduced by 10% to $45,000.

Pure comparative negligence means that you can successfully obtain compensation for a slip and fall no matter how much of the blame you share. Modified comparative negligence means that you can obtain compensation only if the other party is 50% or 51% responsible for your losses.

To build a case where comparative negligence may be an issue, it is essential to gather evidence such as photographs of the scene, witness testimony, and expert analysis.

Frequently asked questions