Before you understand who is liable for a slip and fall accident, you should know the meaning of the term ‘slip and fall.’ It refers to physical injury. Note that the injury must arise because of the failure to take the right precautionary measures.
Liability, on the other hand, refers to the responsibility that one takes for failing to put safety measures that then led to an accident. When you fall at work, it is not obvious that the employer is responsible for the incidence. Sometimes, you may be the one at fault. Therefore, before experiencing such a thing and blaming it on the wrong person, you should understand when each individual is liable.
Circumstances when Land Owners and Employers are Liable for Slip and Fall
An employer has a responsibility to prevent accidents from taking place at work or within the company’s land. As a slip and fall accident attorney in Los Angeles would tell you, a businessperson working in the construction industry must take action to protect visitors and employees. An employer is liable to two groups of individuals namely:
- Employees or contractors
Visitors are the individuals who visit the premises on a temporary basis. The owner’s responsibility for these individuals is light. After taking precautionary measures, the next thing that the landowner should do is to warn the visitor of imminent danger.
Therefore, an employer is liable to visitors in two cases. The first is the failure to take action to ensure that the property or premise is safe. The next one if failing to give warning of looming danger.
The employer’s responsibility is much more on employees. Note that it is not just a fulltime employees. A company should also take care of other people whom it contacts to do repairs, refurbishment, or other duties even if it is just for a few minutes or a few hours.
An employer must take action to prevent both foreseeable and unforeseeable dangers that may arise. Failure to do so leads to liability.
When an Employee is Liable for Slip and Fall Accidents
As said earlier, employers are not always responsible for slips and falls that take place within their premises. One such case is when a warning had already been given. Imagine walking into a wet floor and you find a warning that the floor is slippery. In such a case, if you do not take care of yourself to avoid falling, you may have no one to blame.
Another instance is when the employer has trained you to use the equipment and provided you with safety gear to put on while at work. Should you decide not to wear the safety equipment and not follow the safe procedure of using the tools, then you may be on your own when you slip. The employer has already done everything to protect you, but you decided to ignore the process.
Therefore, you should find an attorney to help you in determining whose liability it will be after a fall accident. Instead of waiting for that time to come, you need to follow the procedure that the employer has laid down. You should also use safety gear if it has been provided.