In a slip and fall case, the main goal of the plaintiff is to prove that the owner of the property was negligent while they were not. Negligence is the main point of contention. As such, both parties are burdened with the responsibility of providing evidence to prove this.
5 Factors That Could Affect Your Claim
The Type Of Shoes And Clothes You Were Wearing
The shoes and clothes you were wearing at the time of the accident could be a factor. Some shoes and clothes could cause you to slip or trip, and the defendant could use that as an argument to blame the plaintiff for the accident. The other party may claim comparative negligence or contributory negligence on your end for wearing clothes or shoes that are safety hazards. To avoid the defendant using your clothes against you, make sure to take a picture after the accident and show it to your lawyer.
Business establishments and homeowners often post signs warning patrons and strangers of safety hazards, such as wet or slippery floors or a dog that could bite. Owners have a duty to post sufficient warnings to avoid accidents in their premises, which also protects them from lawsuits. So, if the owner fulfilled these duties by putting up enough signs and in visible locations, it might lower your chances of recovering compensation. However, if there were no signs visible, you should take note of this as well as take photos to serve as evidence.
If You Took Reasonable Precautions
The court also takes into account whether you took the necessary precautions to keep yourself safe. If, for example, you were texting or were generally not paying attention when you tripped or slipped, this factor will likely reduce your claims.
If you have been injured in the past or have some type of condition, a slip and fall accident could aggravate that condition or result in a serious injury. For this reason, Florida law allows plaintiffs to use the worsening of a pre-existing condition as a result of a slip and fall accident as grounds for making a claim. In such a case, this factor could strengthen your claim.
A Slip And Fall Lawyer On Your Side
As mentioned, you need to be able to prove that your slip and fall accident was caused by the property owner’s negligence. Having knowledge of Florida laws would be beneficial in gathering evidence and building a strong slip and fall claim. Having an experienced slip and fall lawyer will definitely be a positive addition to your claim. They can ask you the right questions and direct you toward the best course of action that would help you recover as much compensation to match the injuries you sustained.
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