At some point, everyone slips and falls. You may wonder if this happens in a store, hotel, or public sidewalk if you have the right to file a lawsuit. Unfortunately, this is not always the case.
The circumstances of the accident may show that the property owner or occupier was negligent. It does not matter if the property is a government building, private residence, school, mall, or another location; all property owners have a legal duty to ensure the environment is safe for visitors.
If you slip and fall on a property in Florida and experience an injury, you can file a compensation claim. Based on Florida law, you must prove that the property owner failed to maintain the premises and that this is what caused your accident and injury. A Port St Lucie slip and fall accident attorney can walk you through the process.
Negligence in Florida Slip and Fall Cases
Property owners and occupiers are responsible to all visitors on their property. Examples of negligence or things that show the property owner breached their duty of care include the following:
- Stairways with no handrails
- Broken or uneven walkways
- Low or poor lighting
- Unsecure pool area on private property
- Spills on flooring that are not cleaned promptly
- Allowing too many people in a location
- Not keeping an area free of debris
- Not letting visitors know about aggressive animals on the property
- Placing products, displays, or signs where someone may trip
- Fallen trees
You must prove negligence. To do this, you must show the property owner or occupier had a reasonable amount of time to fix the hazard, but they still need to.
Since it can be challenging to prove this, securing legal representation from our experienced legal team is best.
Proving Negligence in a Slip and Fall Case
Even if you believe you can prove negligence, you must prove it to a jury or judge. Our personal injury lawyers can help prove negligence in your slip and fall case.
One way we do this is by gathering evidence. You should try to take pictures of where the accident occurred and any injuries you sustained immediately after you fell. However, if you cannot do this, you can count on our legal team to gather evidence on your behalf.
We can also speak to witnesses who saw the accident and who can testify that there were hazardous conditions present when you fell.
It is important to remember that after a slip and fall accident occurs, the property owner or occupier will likely take steps to eliminate the hazard. This means that all evidence will be lost. Because of this, you must take steps to secure evidence as quickly as possible. This is the best way to prove negligence in a Florida slip and fall accident.
The Impact of Comparative Negligence on Your Florida Slip and Fall Case
Florida follows comparative negligence laws. If you want a good chance to recover maximum compensation for your injuries, you must show evidence that you did not contribute to your fall and injury.
If it is believed that you were partially negligent and at fault for your fall, your compensation can be reduced. Your percentage of fault will reduce your settlement amount.
Trespassers Rights as a Slip and Fall Plaintiff
Usually, if someone trespasses on private property and is involved in an accident, they do not have the right to file a lawsuit or recover compensation.
The exception to this rule is children who may be injured or die while trespassing. If a property owner has an “attractive nuisance” like a playset or pool, the owner must ensure children cannot access it while unsupervised.
Damages You Can Receive in a Slip and Fall Accident Case
If you are injured in a Florida slip and fall accident, you must prove the property owner or occupier is liable. This is the first step in recovering compensation.
The next step is to determine what injuries you have sustained. Once we have all the needed information about your accident, we can start determining the value of your case.
Some of the types of damages awarded in Florida slip and fall accidents include the following:
- The cost of medical expenses related to the accident
- Other economic damages like lost wages and the inability to return to the same job
- Non-economic damages like mental anguish, inconvenience, pain, and suffering
The damages you receive depend on the case and your situation. We can evaluate the situation to determine what you may be entitled to.
Call Our Legal Team for Help with Your Slip and Fall Case
As experienced slip and fall accident attorneys, you can count on us to help you file a claim and recover the full compensation you deserve. At Fetterman Law, we are here to help you with the legal aspect of your case while you focus on your recovery.
We understand that a slip and fall accident can cause life-changing injuries. We also understand that you deserve compensation if another party’s negligence caused your injuries.
After a slip and fall accident, the first step is to contact our office for a free consultation.