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What does “duty of care” mean in a premises liability lawsuit?

On Behalf of | Jun 30, 2022 | Premises liability |

Accidents come in all forms and severities – some preventable and others beyond the victim’s control. From catastrophic car accidents to trips, slips and falls. In determining who is to blame the law basically asks one question: did the parties involved in the accident exercise reasonable care, or act recklessly in a way that contributed to the accident?

If you are hurt in a slip-and-fall accident that is attributable to someone else’s negligent acts, you may pursue the responsible party for a premises liability lawsuit. However, to receive compensation, it must be clear that the property owner failed in their duty of care towards you, resulting in the accident that caused your injury.

What does “duty of care” mean in the context of a slip-and-fall accident?

Every individual, entity or group is required to exercise a certain standard of care towards the general public. This means acting with a level of prudence, care and attention that any sensible person would enact under similar circumstances.

In the context of premise liability claims, a property owner or occupier is expected to exercise care by fixing any hazards that would lead to a slip and fall. This may include fixing torn carpets, cleaning up spilled liquids or providing adequate lighting in dim areas. It is also reasonable for the property owner to issue a warning of potential hazards to visitors. An example of this would be a warning on slippery floors.

How does duty of care impact your injury claim?

If it is established that the property owner failed to address or fix a hazard, or failed to exercise reasonable care, then they may be found liable. Evidence like CCTV footage and witness testimony can help strengthen the victim’s case during a slip-and-fall lawsuit.

A slip-and-fall accident can leave you with a wide range of injuries. Knowing your legal options can help you protect your rights and interests while pursuing a premises liability lawsuit against the responsible party. 




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