Many factors affect the finding of fault in a premises liability claim. Whether you slip on a wet floor in a grocery store or suffer an injury due to a safety hazard on someone’s property, determining fault is essential to your claim.
Several factors affect the determination of fault after your accident.
Applicable duty of care
The duty of care is important in finding fault for an injury. The property owner has an obligation to maintain a safe environment for visitors, including those invited or otherwise permitted on the property. Those on the property illegally, including trespassers and burglars, may not have the same duty of care protections.
Foreseeable hazards
Another factor in determining fault is the likelihood that the property owner could foresee the hazard that led to your injury. This considers whether the property owner was aware of the hazard, understood the risk it posed and did not warn visitors of its presence. The property owner must have enough time to address or acknowledge the hazard after becoming aware of it.
Comparative fault
The court also considers the role you play in the incident. For example, if you know that the hazard exists and you fail to take the necessary precautions for your own safety, your negligence contributes to the incident. Louisiana considers comparative fault, which allows you to seek compensation from the other party even if you were primarily at fault for the accident.
Slip and fall injuries are among the most common premises liability claims, making up more than 12% of all fall injuries in emergency rooms. You should understand the factors that affect fault and liability so that you know when you can seek compensation.