Who is Responsible for Your Slip and Fall Accident in a Business: The Owner or the Tenant?

Article By Patrick Mansfield | Best Rated Law Firms | 03/28/2023

Slip and fall accidents can happen to anyone and it could happen anywhere, including businesses. When someone slips and falls in a store, restaurant or other business, who is responsible for the injury - the owner or the tenant? This is a common question that arises when someone suffers an injury while visiting a business. Here's a closer look at the roles and responsibilities of both the owner and the tenant when it comes to slip and fall accidents.

The Owner's Responsibility

The owner of the property typically has the overall responsibility of maintaining the premises and keep it safe for visitors. They must ensure that their property is free from any hazards that could cause harm to visitors. The owner should perform regular maintenance and inspection of the property to identify any potential hazards like wet floors, torn carpets, or uneven surfaces. Failure to do so could result in the owner being held liable for the slip and fall injury.

The Tenant's Responsibility

If the business owner rents the property, it doesn't eliminate their responsibility for the safety of the visitors to their premises but the tenant may also share some responsibility. The tenant is responsible for maintaining the area that they lease and ensure that their business doesn't create any hazards for visitors. For example, if a restaurant spills food or drink on the floor and doesn't clean it up, causing someone to slip and fall, the tenant could be held liable.

Determining Liability

To determine liability, the court will look at the circumstances leading up to the accident. If the owner or tenant knew about the hazardous condition or should have known and did nothing to fix it, they can be held at fault. It's also important to understand that the injured person has a certain level of responsibility as well. If they were engaging in reckless behavior or violating the business' posted warning signs or instructions, they may share fault for their injury.

Conclusion

Ultimately, both the owner and tenant share the responsibility to maintain a safe environment for visitors to their premises. If you slip and fall in a business, it's important to gather as much information and evidence as possible about the accident and contact an experienced personal injury lawyer. They can help determine the liability and protect your rights, ensuring you get the compensation you deserve.