In 1957 the Occupiers Liability Act was introduced not on for slip and fall accident cases but to determine the following: ?whether any duty is owed by a person as occupier of premises to persons other than his visitors in respect of any risk of their suffering injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them?.
The occupier of a given premises has a duty in respect of any such risk to make sure that
1. the risk is in all circumstances of the slip and fall accident case and that he is reasonably expected to offer protection.
2. he is aware or has grounds to believe that a member of the public is in the vicinity of the danger or that he or she may come into the vicinity of the danger. This is whether or not he or she has lawful authority for being there or not; and
3. he is aware that the danger exists or has reasonable grounds to believe so
A ?duty of care? will also be taken into consideration where the act states ?common duty is to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there?.
In the act, an occupier is defined as someone who is aware that any failing or carelessness on their part may result in an injury to a visitor for example. The visitor should be kept reasonably safe whilst on the premises for the purpose of that visit to avoid a potential slip and fall accident case
If a landlord is an occupier, he will still be bound under the Defective Premises Act 1972. This outlines his obligation for repair, maintenance and his duty to any persons who may reasonably be affected by any defects on the premises.
If the occupier has grounds, he can call a statutory defence against an independent contractor if the defect causing an injury was a result of shoddy workmanship or another factor placing relevant liability or negligence.
In the case of children, reasonable care will be called into question on the part of the adults; however these slip and fall accident cases are more likely due to the nature of children. In this instance establishments such as schools will have particular obligations for example.
Shopping centres and supermarkets are common areas for slip and fall accident cases for obvious reasons. Any breakages or spillages need to be quickly cleaned up to prevent any mishaps and to avoid liability in the event of a slip and fall accident case. This liability can also be avoided by having the correct signage in place.
In all slip and fall accident cases, common sense and care always prevail. The law is in place to protect both parties against liability which is something we all want to avoid. Watch your step and be careful.
Slip And Fall Settlements
Many people have experienced falling, or slipping one point in their lives. There are times when people who slipped or fell do not obtain injuries and can easily get up on their feet. However, there is an alarming danger that can come out as a result of a slip and fall especially when the one involved in the accident is injured.
Basics in Slip and Fall Accidents
Slip and fall accidents often happen in the country. Millions of people were reported to have been injured due to falls alone.
Slip and fall is the general term used for accidents involving a person who slips, trips, or falls due to the dangerous condition or in a situation in another individual's property.
Generally, a property owner is expected to know the hazard or dangerous condition in his/her property, if it is permanent in nature. When this is the case, the property owner should have known about the property's condition prior to the accident.
Meanwhile, in cases wherein the condition is only temporary, there is a legal significance when it comes to how long the property is in that condition prior to the accident.
Slip and Fall Claim
A slip and fall claim can materialize when a person sustained injuries or died as a result of an accident caused by the negligence of another person.
Some of the causes of slip and fall accidents include:
?Loose or torn
?Wet flooring
?Sidewalk that is broken
?Potholes
?Uneven pavement, cobblestones, or sidewalks
?Uneven stairs or insufficient step rails
?Oil, food, water, other forms of liquid, or grease on the floor
?Defective, inoperative, or inadequate lighting
?Lack of warning regarding a property's dangerous or hazardous condition
?Dangerous landing areas or stairwells
A slip and fall victim may incur the following injuries:
?knee injury
?spinal cord injury
?shoulder injury
?ligament and muscle injury
?head injury
?back injury
?herniated or bilging discs
?broken bones
?fractures
?breaks
?wrongful death
Damages in a Slip and Fall Case
The value in a slip and fall case varies according to the area wherein the case was filed as it is by the injuries obtained by the person. Settlements in urban areas are bigger compared to the settlements in the rural areas because the cost of living in the latter is lower.
The value of the case will depend on the following:
?facts
?jury's severity
?the defendant's status
?insurance and assets of any persons that are in a way responsible, even partially for the accident
?full quantity of the insurance coverage
?the case's strength
In the case of a slip and fall accident, damages that will be given to the victim may include both:
General damages may include compensation for:
?Loss of promotion to a higher position that the victim would have acquired if he/she had not been injured
?Future wages is the victim will not be able to work for a certain period of time
?Loss of the capability to have fun doing you hobbies
?Incapability to do household chores or drive your car when doing errands
?Pain and suffering
Special damages- These are the payments given by the person who is at fault for payments made by the victim for his/her:
?Hospital and medical bills
?Actual wage lost
?Child care
?Prescription drugs
?Transportation when going to doctor appointments
?Ambulance costs
?Medicines
?Physical therapies
Lawyers Will Help You in This Time of Need
For people residing in California who are involved in a slip and fall accident and need legal assistance, there are Los Angeles slip and fall lawyers who are ready to help you. These lawyers are skilled in handling slip and fall cases.
Pursuing such a case will require expertise in order to get favorable results. Do not hesitate to ask for the help of these Los Angeles slip and fall lawyers if you want your case to be successful.
Both Julian Hall & Jan Camille Canivel are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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