Slip and Fall Basic Rules
Alaska is known as a comparative fault state due to its use of the comparative negligence rule. This rule focuses directly on the events leading up to the accident and whether the injured party is partly to blame for the accident. Further, whether the injured party is found to be partly to blame has a direct impact on the compensation he or she will receive - the amount they receive will be reduced by the value of the percentage he or she is found to be responsible for in the accident. To comment further on matters related to liability and to proving fault is an attorney and spokesperson from the Crowson Law Group. The spokesperson from the Crowson Law Group was asked if there were general or basic rules with respect to determining who was at fault when evaluating a slip and fall personal injury claim or accident. To this he responded stating that, â€œthere are three basic rules one needs to consider and these are of the utmost importance as they can make or break your claim. Firstly, it is important that the injured person determine whether the property owner is in fact liable for the accident. Basic guides show that for an owner to be held responsible or liable for the slip and fall accident that resulted in your injuries, one of the following must be true of the owner:
• The owner of the premises or an employee must have caused the spill, worn, or torn spot or other slippery or dangerous surface or item. • The owner of the property or an employee must have known of the dangerous or slippery surface but did nothing about it. • The owner of the property or an employee should have known of the dangerous or slippery surface because a ‘reasonable’ person taking care of the property would have discovered, removed or repaired it. In most cases, claimant’s use the third point for their cases, however, the phrase ‘should have known’ makes it a prickly and nuanced issue as liability in such cases is governed by common sense”. The spokesperson was asked what the term reasonable in this case meant; he responded by stating that, “with negligence claims that bring into question the reasonableness of the property owner, the law focuses on whether the property owner makes regular and thorough efforts to ensure that the property is kept safe and clean. Some general questions that are posed to the property owner are:
• In instances where the injured party tripped on a torn, broken or bulging carpet or slipped on a wet or loose area; had the dangerous area been there long enough for the owner to know about it? • Is there a regular procedure for examining and cleaning or repairing the premises, and if so, what proof is available that such repairs or cleaning were happening? • Was the issue of poor lighting a contributory factor to the injured party not seeing the dangerous area? • The last rule is to take your own carelessness into account and how at fault you are for the accident”. If you have a slip and fall personal injury claim and are looking for attorneys in Anchorage Alaska find a personal injury law firm with experience handling slip and fall accidents.
About the company: The Crowson Law Group is a law firm of renowned professionals with personal injury experience including slip and fall accidents. Visit their site for more information at Crowsonlaw.com.
Published on Jan 14, 2017
Alaska is known as a comparative fault state due to its use of the comparative negligence rule. This rule focuses directly on the events lea...