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The Down Low with Slip and Fall

by: DonnaH.Burnett | Total views: 9 | Word Count: 395 | Date: Sat, 6 Mar 2010 Time: 6:36 AM | 0 comments

Slip and Fall is a sort of civil case that marks an offense to another party that did not arise from contractual situations. Such cases are handled by the tort law. The tort law covers the area of law where there are to parties that would like to settle differences with a non-contractual case. Generally, tort laws are for civil acts that causes quite a loss for another party, either through intention, through neglect or by accident.

Slip and fall is a tort case, because it is based on a person slipping, tripping or falling with the claim that the owner of the property had not taken good care in assuring that the condition of the floor would not allow proper conditions to cause the victim to slip or trip. This would usually mean neglect in the owner's part but it could also be caused by patrons who pass by in the area, especially if the place is public.

Owners of the establishment can have two defenses against tort cases. The first one is denial of negligence. In example, the person could have tripped on the floor after he spilled his own drink by accident. This resulted to him slipping down on his own accord. This is solely the victim's fault. The store owner has exercised diligence to prevent anyone from slipping, and the conditions of the slip was made by the customer.

The second defense that most owners is that the trip or fall can be caused by the person themselves, that even if they did not create the conditions for their accidents they still had the accident. Example, a woman tripped and fell because her high heels got caught in the grills of a storm drain. Any person would've seen the grill, much less avoid it, if they were wearing such high heels. The woman tripped and she fell. She experienced a broken leg and humiliation. It looks like the grill's fault, but her clumsiness was more of a fault.

Slip and fall cases usually rank lowest in terms of worth. A lot of these cases do pop up occasionally, but they end up getting dismissed because of the above-mentioned defenses. The slip resistance in the floors of most cases seem enough, so it usually ends up being the prosecuting party's fault than the owner's.

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To find out exactly how to determine whether a slip and fall is qualified for law suit, visit this website about slipping and falling. You can get a unique content version of this article from the Uber Article Directory.

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