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Why is foreseeability important in a slip-and-fall claim?

| Jan 6, 2021 | Premises Liability |

Injuries from slips and falls are common throughout Arizona. On some occasions, these accidents may be the result of personal clumsiness or negligence. However, instances do occur where injuries from slip-and-fall accidents result from the negligence and recklessness of others.

There are many components of slip-and-fall personal injury legal claims, and foreseeability is one important component.

The role of negligence in slip-and-fall claims

Slip-and-fall accidents are property-based personal injury claims. They occur in places that are under the control of property owners, who in turn are directly responsible for the safe upkeep of the premises. Slip-and-fall accidents from poorly maintained properties may happen on loose rugs or steps, wet floors in stores or poorly lit premises. Many other situations can also give rise to slip-and-fall claims.

Property owners are generally responsible for maintaining their properties in a reasonably safe condition or warning individuals of possible dangers on their properties. When they fail to follow through with these responsibilities, they may bear liability for the injuries of others. However, if a danger on a property is not foreseeable to a property owner, a victim may have a more difficult time proving negligence.

What is foreseeability?

Foreseeability relates to the likelihood that a person will anticipate an event happening. In the context of a slip-and-fall accident, it may be foreseeable that a person could fall and hurt themselves if a front step is loose and prone to sliding, and the property owner knows of the condition. However, foreseeability may be harder to prove if a property owner had no reason to know of recent damage to the property before a victim was harmed by it.

When building a slip-and-fall or premises liability claim, it is important to understand what must be proven. A knowledgeable personal injury attorney can be an important asset to a victim who wants to pursue their rights for compensation and damages.

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