Slip and falls are a major cause of injuries in the United States. Each year, almost nine million emergency room visits result from falls. These incidents occur in a variety of locations, including private residences and on public property. While some of these falls happen without fault, others occur as a result of someone’s negligence, leaving victims with extensive injuries, as well as medical expenses. When a property owner invites someone onto their property, they must actively prevent slip and falls by ensuring that the area is safe. This includes reasonable upkeep of the property and the repair of any known hazards. Contact our lawyers for more information and assistance.
How to Regain Compensation in a Lawsuit
When seeking legal compensation, the plaintiff must first identify the responsible party. This may be the property owner, a tenant renting the property or a person who is only occupying the property. The entity who controls the property and its accessibility to visitors is generally the party responsible for the prevention of fall hazards. Under Florida law, the level of required responsibility depends on the type of property and the classification of the injured party.
Business entities owe a high duty of care to the invitees that enter their establishments to conduct business. They must fix any fall hazards or, at the least, adequately warn customers. However, Florida courts follow the rationale that, in cases where spilled substances cause a fall, the plaintiff must prove that the business establishment knew or should have known about the condition. This is done by demonstrating that the hazard was on the floor for an unreasonable amount of time or that the problem occurs regularly. Unfortunately, this requirement can make a slip and fall liability more challenging to prove, especially for an inexperienced plaintiff attempting to represent themselves.
Private property owners or renters may invite licensees onto their properties for social purposes. This includes visitors who accept an invitation, as well as those who stop by unexpectedly. The owner must keep the property in a safe manner, fixing hazards or warning visitors that they are there. Common fall hazards within a private residence may include items left on steps, power cords stretched across walking paths and rugs that are not properly secured to the floor. On the outside of the home, snow covered steps or toys left in a walkway can also cause slip and falls.
The results of a slip and fall can be serious and even fatal. They are a leading cause of traumatic brain injuries and thousands of people die from these incidents each year. When you enter an establishment to shop or a residence to socialize, you do not expect to leave with a serious injury. Unfortunately, these accidents happen every day as a result of negligence or blatant recklessness. When they do occur, a knowledgeable lawyer can guide you through the legal requirements of a court proceeding.
Our Lawyers Can Offer You Legal Assistance
At Pita Weber Del Prado our Florida lawyers have experience litigating slip and fall cases. We have the skills to aggressively seek the financial compensation you deserve. Contact our Miami slip & fall lawyers at 305-670-2889 for a free consultation and evaluation of your case merits.
