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Let’s take a scenario where you are walking along in a shopping store and unaware you slip over a wet floor and some damages to you or your properties are caused.
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In this situation, you could be blamed, or the store owner could be blamed for your fall and the damages caused. While two of you could be blamed for your fall simultaneously, in this specific situation illustrated above, who should take the blame?
In this article, I shall walk you through determining who is at fault for your fall on another person’s landed property.
So, read on!
In what situation would the store owner be blamed?
We should blame the store owner if they knew that the floor was wet but failed to do something about it To solve the situation.
In this case, it might mean that the store owner didn’t put a sign on the floor to indicate that the floor should not be tread in a certain way, stressing that it is wet.
As you are an invitee or stranger in the store, the store owner has to protect you from any form of injuries within his property. That is your right.
In What Situation Should You Be Blame for Your Fall?
The law practitioners have stated according to the law that a victim of slip and fall would need to do something and take responsibility for his or her safety.
In a practical sense, as you walked around a store, you saw a portion of it was wet. You would need to walk around the wet portion to avoid slipping, whether a sign to alert is placed or not. However, if, despite seeing the wet condition of the floor, you walked over the wet floor and you fell, you will have to bear a part of the blame for your fall.
In What situation should you and the store owner be blamed?
I have said earlier that if you knew that you could have avoided the wet floor before you fell, you would be apportioned part of the blame. However, if you slip in that store, whether you know the wet condition of the floor or not, the house owner must take the blame for your fall.
Again, it is your right to be protected from injuries by the house owner. So as long as the floor is wet, it is enough to be used as a premise to blame the house owner for causing your fall. However, there are cases whereby the blame on the house owner would be lessened, and a larger part of the blame would be put on the slip-and-fall victim; for example, if the house had put a sign indicating the wet condition of the floor, but you failed to heed the sign.
How do you judge if the slip-and-fall victim and the house owner refuse to take responsibility?
Generally, we will have to consider the relationship between the house owner and the slip-and-fall victim before attributing blame to someone. If the victim is not a trespasser, the house owner should be blamed for causing the fall, except if the victim is a child.
In a work environment, if an employee creates a hazardous condition without letting anyone know it, and he slipped-fall, the property owner should not be blamed.