Defining the Reasonable Person
When determining if a property owner's actions were in fact reasonable, the court must consider how long the unsafe condition that contributed to the slip and fall accident existed and whether the owner had time to discover and ultimately fix the problem. It must also consider whether the steps taken were appropriate or reasonable and whether the carelessness of the victim contributed to the slip and fall injury.
Be aware, though, that the reasonable person standard applies not only to the property owner, but also to the victim. If, the victim was somewhere he or she should not have been or was engaged in an inappropriate activity, the property owner may be absolved of any responsibility/ premises liability. (For example, if you wander off marked paths or skateboard down stairs, you may bear responsibility for your own slip and fall accidents.) Likewise, if a reasonable person would have seen a spill, hole, or other problem and been able to avoid it, the victim's own carelessness and not the property owner's negligence may be at fault.
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