The entity responsible for the floor

If you experience to fall on a slippery floor and cause damage, the most important of the steps, is to determine the entity responsible for the maintenance of the floor. Who is responsible for the floor on which the accident occurred? This is important because it is to this person (physical or legal) that the injured party must direct any claims for compensation after a fall on a slippery, poorly secured or damaged floor. However, determining the person whose duty it was to ensure the proper condition of the floor is not always easy. It all depends on where the fall occurred. Determining such an entity is necessary primarily because, as the injured party, when we address a summons for payment or a lawsuit for damages to the court, we need to know this person and his address details. Otherwise, our summons will become ineffective and the lawsuit may be rejected.


Place of the accident

Determining the liable party depends on where the fall occurred. We need to determine who was responsible for securing and maintaining that floor. Most often it will be the owner of the premises, such as a store, where the fall occurred. If he is an individual, the demand for compensation should be addressed directly to him. In the case of entrepreneurs, such as those running a supermarket, usually such a demand should be made directly to the specific legal entity that operates the premises.  

It does not always have to be the company whose logo is above the store, as it can be an affiant or franchisee. There may also be situations where the owner of the premises has contracted another entity to clean or secure the floor. However, due to carelessness in carrying out this order, a collapse occurred. Then, depending on the wording of the contract between the parties, we should direct our claims for damages to the owner of the premises or to the company that was supposed to carry out this order. As a rule of thumb, however, the owner or tenant of the premises is responsible for a fall on a slippery floor in a store, premises, restaurant, etc.


Liability Exclusion

It is worth remembering, however, that not every fall on a slippery floor will hold the landlord or tenant liable. This is because the law defines situations when this liability does not apply. These are events caused, among others, by the sole fault of the injured party, or by force majeure, i.e. circumstances unforeseeable and beyond anyone's control.  

The indications given above can only be some general guidelines for us. We must bear in mind that there may be many different situations in this regard, involving a more complicated and complex legal condition. Very often the answer to the question "Who is responsible for the floor on which the accident occurred?" can be very complex. Therefore, if you need to determine the correct entity, we encourage you to contact a professional attorney - an attorney or counselor - who will help with claims.

Article posted thanks to collaboration with SmartFloor.

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