In our last blog, we discussed how to determine if you are liable for a slip and fall case. For more information, please read more!

Was it Reasonable?

A lot of the case will be determined if the property owner has acted reasonable towards the dangerous conditions, as well as acting reasonable in the upkeep of a safe environment for those who are visiting the property.  Some questions that you need to ask to help determine liability are:

Has the dangerous condition been there long enough that the property owner or employees have had time to act accordingly to prevent it from being dangerous?

Can the property owner provide evidence that there is a regular procedure to examine the property to ensure that conditions are as safe as possible, and if not every action is being taken to make the conditions safe?

If you trip and fall over an object that is not normally in its rightful place, was there a legitimate reason for the object to be in the place it was?  Was there still a legitimate reason for the out of place object to still be out of place and cause danger to people around it?  Was there a safer place that the out of place object could have been?

Were you Careful?

Although it is important for the property manager to do everything they can to provide a safe environment, it is also important that you do everything you can to be safe on the property.  A lot of cases come down to comparative negligence, whether you yourself could have prevented getting injured or if it was truly the property owner’s fault.  Some questions that you need to ask to help determine who was negligent are:

Was there a reason that the property owner should have foreseen that you were going to be in the dangerous area?

Were you being as careful as possible to avoid any dangerous situation that you may have come across?

Were there any warnings/did the property owner make it clear that the environment may be dangerous?

Were you engaged in any activities that may have distracted you from being as careful as you could be in any situation?

These are not questions that you will have to prove to any insurance lawyer but being able to answer these questions thoroughly and as truthfully as possible will help you build the most accurate case. For help on your case, please trust our experience slip and fall lawyers in Philadelphia, PA!