24 1月 也谈滑倒跌伤案中的责任
Among the personal injury compensation cases handled by our law firm every year, many are cases of slips and falls. In this type of slip and fall injury case, if one party is responsible for the slip and fall injury of the injured person, the injured person can file a claim against the responsible party through legal channels. However, because cases of slip and fall injuries are often complex, it is a wise choice to consult a lawyer practicing in the field of personal injury in a timely manner.
The lawyers of our law firm usually make a preliminary analysis of the case on the following questions when they consult a client for the first time. The first thing that needs to be identified is who is responsible for causing the injury? This responsible party is sometimes not necessarily the owner of the property. For example, if the owner of a property hires a third-party contractor to sprinkle salt on their driveway, the contractor is also liable if someone slips and falls because the contractor fails to sprinkle salt as required. Second, are these responsible parties negligent? Not all cases of slip and fall injuries are due to negligence. Third, is the falling party himself responsible? In many cases, the defendants tend to place the blame on the person who fell, because they will say that the person who fell was not careful.
But in a personal injury compensation case for a slip and fall injury, the fact that the party who fell is liable does not mean that he or she cannot be compensated. The injured party can still seek compensation through legal channels. Only the responsibility of the injured person will lead to a reduction in the amount of compensation. For example, if the total amount of compensation in a case is 100,000 yuan, and the injured person in the case needs to bear half of the responsibility, then the final compensation for the injured person is 50,000 yuan.
These so-called self-responsibility may include the following (but not all):
- Distractions (e.g. texting while driving causing a car accident)
- Running fast somewhere when in fact shouldn’t be walking so fast there
- Holding too many objects in the hand causes the body to lose balance;
- wearing inappropriate footwear in an accident
- Unlawful entry at the location of the accident (e.g. trespassing in a private place)
If the injured person’s own carelessness is the only factor that caused the accident, then the injured person may not be able to get compensation even if he resorts to the law. However, if the injured person’s own responsibility accounts for only a small part of it, the injured person can still get the part of the compensation she or she should get.
Compensation for an injured person in a slip and fall case must prove that the responsible party should have noticed the hazard and repaired it in a timely manner so that the hazard no longer existed, but failed to do so. The question here is whether the danger exists for a reasonable person to think it exists, and whether the reasonable person has enough time to remedy the dangerous situation in time before the accident occurs.
For example, if an ice blizzard suddenly falls at 3:00 a.m., and someone slips and falls on a snow-covered walkway at 3:15 a.m., that is, fifteen minutes later, the compensation to the responsible party is estimated to be a very difficult thing. But this does not mean that the parties themselves are responsible, but that it is unreasonable to expect the property owner or the responsible party to solve the problem immediately under such circumstances.
However, for a party to be found negligent, the property or responsible party must be found to have failed to do what a reasonable person would have done in a similar situation. We generally use the following questions (of course, these are not all questions) to determine whether the responsible party meets this measure:
- Has the responsible party noticed the problem?
- Are there any warnings about such dangerous situations? If so, are these warnings set in an obvious place?
- Has any remedial action been taken for the existing problem?
- Has the responsible party conducted relevant safety inspections? If such inspections are made, are there relevant records?
- Is it possible to transfer the associated risk elsewhere?
- Does the responsible party have enough time to fix the issue?
- Has a similar problem happened before?
- Have there been previous complaints about similar dangers?
- Have any measures been taken to prevent such dangerous situations?
Our Geely Jia Law Firm handles numerous such slip-and-fall cases every year. If you are unfortunate enough to encounter a similar accident, please contact us immediately. The senior lawyers of our law firm will conduct a free evaluation based on your case, tell you your legal rights in such cases, and help you recover everything from the other party if the responsible party needs to be responsible for your injury loss, so that you can get the maximum compensation.
Remarks: The above articles are for reference only, not legal advice. If readers need to understand the relevant laws, or seek professional advice on individual cases, please make an appointment to consult the lawyers of this law firm.