Slip and Fall is a case that results from civil wronging that did not arise from contracts and such. This is called a tort law and it covers the area of law where the two parties are not bound by any contract, and sometimes even, do not identify with each other. In general, tort laws are made for civil acts that cause substantial losses to one party, whether it was pure intention, neglect or through 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, denial of negligence. In example, the person could have tripped on the floor spilling his own drink and causing his own accident. Thsi would result to slipping down on his own accord. This is solely the victim’s fault. The store owner has exercised enough diligence to prevent anyone from slipping, thus the conditions of the slip is not the owner’s sole fault.
The second defense of most owners is that the trip or fall is caused by the person himself, sans that they did not create their own accident conditions, but given the situation of the floor itself. In example, what of a woman whose high heels caught in the grills of a storm drain. Any normal person would have seen it, much less avoided it if they were wearing high heels. But the woman tripped and fell. Would you consider putting the blame on the owner for putting grills in that particular place?
Slip and fall cases rank the lowest in terms of worth though. A lot of these cases happen quite often because slip and falls are everyday occurrences. They end up getting dismissed because of lack of strength though. The slip resistance of most floors are more than enough, so it is usually credited to the victim’s carelessness.
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