Can a plaintiff succeed in a slip and fall lawsuit by proving that a building owner violated a building code?
Yes, sometimes a plaintiff can successfully file a negligence claim by proving that a building owner was in violation of a code or statute. A building owner has a duty to make certain that the building’s structure complies with all relevant codes. For instance, building codes frequently state requirements regarding the installation of handrails and other such features.
If someone falls on a stairway that is without suitable handrails, and the absence of the handrails was the cause of injury, then a plaintiff could sue the building owner due to violation of a building code. Cases involving building code violations are similar to those involving strict liability, in which the injured plaintiff is not required to prove negligence on the part of the manufacturer. The defective product serves as proof of the manufacturer’s negligence. In the same manner, proof of violation of a building code is sufficient evidence of negligence on the part of the building owner.
More Slip & Fall FAQs:
- Can a plaintiff succeed in a slip and fall lawsuit by proving that a building owner violated a building code?
- Can an employee file a lawsuit against an employer for a slip and fall accident?
- How are department stores and shopping malls liable for slip and fall accidents?
- How can a business be held liable for slip and fall accidents?
- How can a property owner be held liable to a trespasser?
- How can nursing homes be liable for slip and fall accidents?
- How can one build a strong slip and fall personal injury claim when dealing with insurance adjusters?
- How can owners of swimming pools be held liable for slip and fall accidents?
- How do slip and fall accidents affect the elderly?
- How does one prove liability in a slip and fall accident?
- In a slip and fall personal injury claim, what kind of photographic evidence is useful?
- Is a department store liable to a customer who slips and falls on the premises?
- Is a homeowner liable to a guest who slips and falls at the home?
- What are some of the more common types of slip and fall accidents?
- What if someone slips and falls on property owned by a close friend or family member?
- What is the definition of premises liability?
- What is the likelihood that the plaintiff may be held to be contributorily negligent?
- Who is liable if someone is injured from a slip and fall at a rental property?
- Who is Responsible for Florida Slip and Fall Injuries?