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Determining Who Is At Fault In Slip And Fall Accidents


By definition, slip and fall accidents refer to a personal injury claim filed when a person is injured due to slipping, tripping, and falling onto another person’s property. Slip-and-fall accidents are a form of negligence that falls under the legal concept of “public liability.” As the name suggests, slip and fall accidents state that owners can be held legally responsible for injuries sustained on the owner’s premises if those injuries directly result from the owner’s negligence. By law, all owners must exercise due care in maintaining their property and have a legal responsibility to keep it safe.

What Types Of Slip And Fall Accidents Are There?

Slip and fall case hazards vary by season and circumstances. Outdoors, ice and snow accumulating on driveways, parking lots, stairways, and sidewalks during the winter can have serious consequences. Insufficient lighting in parking lots and driveways can lead to tripping accidents on uneven surfaces, potholes, and cracks. Whether indoors or outdoors, poorly lit stairs and steps can also create slip and fall problems, resulting in serious injury. Indoors, slippery floors, loose or broken floors or steps, waxed stairs, missing handrails, carpets with warped or torn edges, and worn or lumpy bites can cause fall injuries.

When Would You Be Liable For Your Slip And Fall?

The law recognizes that a victim of a slip-and-fall claim may need to take responsibility for their actions. For example, if you saw that the floor was wet, you could have walked around that part or avoided the hallway altogether. This can be true regardless of whether a sign alerts you that the floor is wet. However, if he chose to soar and fall across the wetland, he would be at least partially responsible for his actions.

When Would Both Parties Share Responsibility For A Fall Accident?

In some cases, there may be factors that suggest both parties were at fault. Again, if you saw the floor was wet or should have known the floor might be slippery, you could be partly to blame for what happened. Even if you knew or should have known that you might have slipped on the wet floor, the landlord is still obligated to protect you.

Therefore, the fact that the floor is wet would be enough to blame the landlord for your fall accident. Whether the property owner acted carefully to fix a leak that soaked the base or whether there was a warning that the floor was wet can reduce the percentage of blame attributed to the homeowner.

What If One Or Both Parties Refuse To Take Responsibility?

Fortunately, the law is clear regarding determining who is responsible for a slip and fall accident. First, the relationship between the injured party and the property owner determines whether or not the property owner has a duty of care to the victim. As long as the victim has not committed trespassing, they have a duty of care when on the premises. The only exception would be if the intruder was a child.

Generally, if unsafe conditions exist on a property, the landlord only needs to make a good-faith attempt to correct those conditions. It must also be proven that the owner knew of the dangerous situation and did nothing to remedy it.

When Should You Take Legal Action?

The short answer is that you should seek compensation for your serious injuries immediately. Whether in a shop, e.g., a grocery store, at work, or at your residence, you can legally sue for damages or claim compensation to pay for your injury.

Time is also a factor. You have up to six years from the date of your fall injury to file a slip-and-fall claim. While it may seem like a long time, building liability defense cases can take time. First, more than any other type of personal injury claim, building liability is settled out of court on a case-by-case basis.

What Do I Have To Prove In The Case Of A Slip And Fall Injuries?

For any negligence claim, there are four elements that a plaintiff must prove to achieve a successful outcome. These elements are liability, injury, causation, and damages.

Simply put, you must first demonstrate that the commercial property owner or manager had a duty of proper care to anyone who entered the property. It was his duty to keep the site safe. The second element, breach, requires you to show that the landlord breached their duty. The third, causality, requires you to show that the breach of duty caused some severe injury. Finally, you have to prove damage, which means you have to prove that you suffered spinal cord injuries.

Complexities In Determining Faults In A Slip And Fall Case

You can easily say you fell because the owner didn’t protect you from a dangerous situation. However, as your experienced attorney will confirm, establishing who is at fault is difficult.

While property owners must maintain a safe environment in general, they must also exercise caution when traveling. You are also responsible for your actions to some extent. Your behavior will come into play and may affect your case. A court determines the percentage of fault for each party.

The courts will consider a variety of facts and issues. They would check for warning signs of danger that you may have overlooked. They will verify whether you have been invited onto someone else’s property or have trespassed on the property. In particular, even unauthorized persons enjoy some protection from the law. Courts examine documentary evidence such as videotapes, reports, and testimonies to determine what happened and your fault. These issues are just a drop in the bucket when choosing errors.

Experienced Slip And Fall Accidents Attorneys In Palm Bay, FL

The Brevard County personal injury attorneys at Alpizar Law provide excellent slip and fall accident presentation services in Palm Bay, FL.

Our experienced attorney is highly skilled and dedicated to providing quality, free case reviews and reliable legal options. We have offered fall accident services for over ten years and have mastered the industry’s best techniques for quality work.

Our company charges fair and affordable prices for premises liability services. We will offer you a free consultation or advice with questions about the slip and fall insurance company, medical treatment, medical bills, the property owner’s negligence, and the fall accident. Contact us today and let us represent you in a slip-and-fall accident case.

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