Can I Sue After I’m Injured From A Fall?
If you slip and fall in Florida you may need compensation for your injuries. These accidents fall under Florida’s personal injury law which can be a bit difficult to understand. However, our team is here to help you understand your rights and what you can do to protect yourself after a fall.
What Defines A Slip And Fall Accident?
The term “slip and fall” refers to any time a person loses their footing on another person’s property, and falls, causing injury. Some examples include:
● Tripping over an object on the sidewalk
● Falling due to a hole, low spot, or crack in the sidewalk.
● Slipping and falling due to a spilled item or standing water.
While people do trip and fall we are talking about a person who falls and injures themselves due to the owner or manager of the property’s negligence. Under the Florida Premises Liability Law, a homeowner, landowner, or business must keep their property in a reasonably safe condition for their customers or guests. If the property owner or manager sees a safety issue and does not fix it quickly, they are negligent. If your accident is due to a property owner or manager’s negligence, then you can file for damages.
Who Is Responsible For My Slip And Fall Injury?
It is not always easy to determine who is at fault if you slip and fall. This is where an experienced personal injury attorney can be beneficial. The store you slipped in could be owned in a shopping mall with multiple owners and businesses. In some cases, several parties are responsible for your injuries. It is important that you do include everyone who is liable as each defendant is only required to pay for their share of your injury. In the state of Florida, the cases can also be judged by comparative negligence, which means they look at the case and determine who was the most at fault.
How Do I Prove The Slip And Fall Was Not My Fault?
A slip and fall lawsuit is considered a personal liability lawsuit. You and your attorney will need to prove the following:
● The property owner had a “Duty of Care” to prevent your accident
● They had a responsibility to exercise “Reasonable Care” in maintaining the property and reducing risks
● Due to their lack of “Reasonable Care,” you were injured on their property
There are also types of evidence you need to gather that include:
● The establishment had actual notice of the issue that caused the fall
● The establishment should have taken care of the issue
● The dangerous condition existed long enough that the establishment should have known
● The condition was foreseeable because it occurred regularly
For example, every time there is a rain shower, the ceiling leaks near the cash register of the building. The forecast is for rain. The sky is starting to begin to cloud up. It is raining when you go in, no one put a bucket where it always leaks and you slip and fall and break your collarbone. The store knew the roof was leaking, the store knew rain was forecast, the store did not put a bucket under the leak when it started raining. They are negligent.
A Florida slip and fall lawsuit can be very complicated. You will probably be up against large corporations with legal teams. If you have been injured in a slip and fall, we strongly urge you to seek the help of an experienced slip and fall attorney like the St. Pete Lawyer. Since we only practice personal injury law we are well versed in how to go up against the big corporations and get compensation for our clients. We will protect your rights and give you the best chance of success in seeking compensation. Contact us today for a free consultation in your slip and fall case.