Slip And Fall Accident: Understanding Your Rights
Michael Babboni
Premises Liability
Accidents happen every day. Among the most common are slips and falls.According to the National Floor Safety Institute (NFSI), more than 8 million or 21.3% of emergency room visits involve falls. Over 1 million visits were caused by slips and falls.
Florida Laws: Understanding Liability
If you or a loved one gets involved in a slip and fall accident in Florida, it may be possible to seek compensation. However, that is not always the case.
It is important to prove that there is negligence on the part of the property owner. Based on Florida law, states that any of the following conditions must be met:
• The property owner or business is aware of the hazardous condition
• The dangerous environment or situation has been around for enough time for the property owner or business to know about it
• The hazardous condition was foreseeable
Aside from the abovementioned conditions, the slip and fall accident has to meet the following qualifications to give the victim the right to seek compensation:
• The plaintiff had the accident on the property in question, and
• The accident happened as a direct result of the hazardous condition.
Duty of Care: Understanding What It Is
One more factor to consider when determining if there was negligence is the duty of care to the victim. In a property, the owners have the duty of care to anyone entering the premises. That said, that duty depends on why the visitor entered the property and what their relationship is with the property owner.
Under Florida law, there are three types of visitors. These determine the duty of care that the property owner owes.
• Invitee: This refers to a person the property owner invites to the property for business purposes. It includes customers. The duty of care to invitees is the highest.
• Licensee: This is an individual the property owner invites for the benefit of the visitor. For example, a person entering a shop to use the restroom and not to buy a product is a licensee. The duty of care for this type of visitor is the second highest.
• Trespasser: The trespasser refers to an individual entering a property without the permission of the property owner. In this case, the property owner does not owe a duty of care to the visitor. However, they cannot do willful misconduct that may cause harm to the trespasser.
Compensation: Understanding Your Rights
Getting monetary compensation is possible if the victim incurs injuries and damages due to the slip and fall accident. In Florida, there are two types of damages.
The first one is compensatory damage. It refers to the compensation for all expenses related to the injuries the victim suffers from. These include compensation for medical bills, loss of employment and wages, pain and suffering, and lower quality of life.
The second type is punitive damage. It includes all additional payments that serve as punishment to the liable party.
Seeking proper compensation can be challenging. Some property owners or their insurance companies try to negotiate for lower compensation. That is why it is important to have legal representation.
If you or a loved one is suffering from injuries and damages because of a slip and fall accident, contact a personal injury lawyer as soon as possible. Hiring an attorney is one of the best ways for you to increase the chances of getting proper compensation. Your lawyer can negotiate on your behalf to make sure that you receive the amount appropriate for all the damages you incurred. Additionally, they can also provide necessary resources in case you have to go to court.