Slip and fall accidents are quite common throughout Florida. These accidents can happen anywhere, including residential and commercial properties as well as government properties. A slip and fall accident case can be difficult to win because you need to prove fault as the victim. There’s a lot of evidence that needs to support your claims and you need to show that your own actions did not play a role in the accident that led to your injuries. In today’s post, we will provide some tips for proving fault in a slip and fall accident case.
Could the Accident Have Been Prevented?
One of the first things you need to consider when injured in a slip and fall accident before moving forward with a legal case is if the accident could have been prevented. Everyone has some responsibility to make themselves aware of what’s going on around them and then make an effort to avoid hazardous situations. Not every slip and fall accident will be the fault of the property owner. Take this into consideration before moving forward with a case.
Duty to Maintain Safe Conditions
Property owners are required to take steps to ensure safe conditions so that visitors to their property do not suffer slip and fall accidents. In most slip and fall cases this reasonable care is weighted against the reasonable care the injured party should have taken to ensure that they avoided the hazardous condition in the first place.
Liability Issues with Slip and Fall Accidents
In order to prove fault in a slip and fall accident, which is also referred to as liability, you will need to show that at least one of the following was present in the case:
- Either the owner of a property or their employee should have known that there was a hazardous condition present on the property because a reasonable person would have known and then would have taken steps to rectify the condition.
- Either the owner of a property or their employee did know about a hazardous condition and failed to repair said condition.
- Either the owner of a property or their employee caused the hazardous condition (broken tile floor, a spill, etc).
To take a slip and fall accident further you will need to show that you had a reason to be on the property in the first place. For example, you will need to have been invited to the property if it is a private residence. Were you anticipated by the owner when the accident happened? If the slip and fall happened at a commercial property were you allowed to be there? Was the business open? If you were trespassing on any type of property your claim might not hold much water.
Contact a Personal Injury Attorney
Were you injured in a slip and fall accident in Florida? Your injuries could prevent you from going to work for an extended period. Seeking compensation from the at-fault party is difficult. Make sure you consult with an experienced personal injury attorney about your case. Call the team of Zimmet & Zimmet at 386-255-6400 today to schedule an appointment.
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Tips for Proving Fault in a Slip and Fall Accident Case