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How does common sense prevent slip-and-fall accidents?

On Behalf of | Jun 14, 2017 | slip & fall accidents

Being alert to your surroundings is always a good idea. However, when you are shopping or eating at a restaurant in Georgia, you should not have to think constantly about whether there may be an issue with the floor that could make you fall. According to EHS Today, though, slip-and-fall accidents are the leading cause of emergency room visits every year.

You may decide to take your case to court seeking compensation for the physical, financial and emotional damages you suffered if you feel that someone else’s negligence caused your fall. If you do, you should know that one of the primary factors a judge and jury examine is whether the defendant displayed common sense.

For you to win a premises liability case, you must show that the defendant is at fault. You must also provide evidence that he or she knew or should have known about the hazard, but did not take care of it. This is where the court’s consideration becomes paramount because the decision hinges on whether a reasonable person should have taken care of the issue.

If a manager did know that the floor was slick, for example, he or she could reasonably be expected to put out a sign that alerted you to that fact. Maybe the manager was in the office and did not know about the slick floor. But, when conditions such as rain are likely to create a slick surface, common sense could dictate that the manager should have assumed the floor would become wet near the entrance and put a hazard warning up.

Other factors may still come into play, even when liability seems obvious, so this information should not be taken as legal advice.

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