Everything You Need To Know About Premise Liability Lawsuits After A Fall
When you are out grocery shopping or checking out the latest finds at the local thrift store, the last thing you think about is falling and seriously hurting yourself. Yet in the United States alone, more than a million people go to the emergency room every year for slip and fall accidents at the cost of about $30,000 to $40,000 per person. Falls are the most common causes of brain injuries and broken bones. To help you recover some of the costs you should consider seeing a personal injury attorney as premise liability (slip and fall) cases can be challenging.
What Is Premise Liability?
Premise liability or “slip and fall” as it is more commonly known covers a variety of accidents and is usually considered when a person loses their footing and is hurt on someone else’s property. These include:
● Trip and fall: person falls over an object in the path or an uneven surface
● Step and fall: fall is caused by a hole or crack in the path
● Slip and fall: fall is caused by a liquid or object
Under current Florida premises liability law any landowner or business must keep their property in a “reasonably safe condition” for their guests or customers. That means it is the owner or managers responsibility to fix any problems quickly. If the condition is not corrected and a person falls or trips and is injured, the owner or manager is “negligent”, that is, responsible for the injury. When there is negligence, the injured person may file suit for damages.
Proving Liability in a Slip and Fall Case
In the state of Florida premises liability lawsuit the injured person needs to prove three things in court.
• Liability: The property or business owner owes a “duty of care” to the injured person. When a store is open for business, it is inviting you in. So by inviting you in they have a duty to make sure their property is safe for you to shop in.
• Negligence: To demonstrate that the property or business owner was negligent you need to prove that they failed to act in time to prevent the injury. An example would be if a property owner was aware that there was a crack in the walkway in front of the business and did not take steps to get it repaired. In other words, they did not take “reasonable care” in maintaining the property.
• Responsibility: One of the more difficult aspects to prove that your injury is directly due to the property/business owners did not use “reasonable care” they have breached their “duty of care” and are responsible for your injuries.
Who Do I Sue in a Slip and Fall Lawsuit?
This is where having an experienced personal injury attorney can help you sort it all out. It is difficult to determine who to sue and is at fault. The store may be owned and operated by one person or a shopping mall may have multiple businesses and owners. It is possible that more than one person is responsible for your injury. It is important that every owner and business is included in your case as the state of Florida laws state each defendant is only required to pay for their share of your injury. This is called “comparative negligence”. If not everyone who is responsible is included, you may not get full payment.
What Can I Sue For In A Slip and Fall Lawsuit?
If you have been injured and you and your personal injury attorney have proven liability, negligence and responsibility the court will decide “comparative negligence” and will determine how to compensate you for your injuries. These “damages” will include:
● Medical bills
● Lost wages, current and in the future
● Permanent disability
● Emotional distress
● Other costs, such as the cost of having someone drive you to your appointments
Florida slip and fall statutes are complicated. You need to see help for a qualified Florida personal injury attorney like Michael Babboni. With over 27 years of defending victims in the South Florida area, he knows exactly how to protect your rights. Specializing in personal injury cases, he’ll fight the insurance companies and get you the fair compensation you deserve. Call us today to learn more!