As you go about your day running errands and walking into or out of stores and buildings, you likely do not expect to be injured in the process. For most people, a slip and fall accident is not something that they consider happening. When it does, though, and an individual sustained serious personal injury in the process, the property owners may be held liable for the damages.
What Is a Slip and Fall Accident?
In a slip and fall case, the circumstances of the accident are the primary way that attorneys, insurance companies, and potential defendants will use to determine who is at fault for the accident. In other personal injury cases, it may be much easier to determine the wrongful or negligent party.
A doctor who misdiagnoses a patient or a careless truck driver who jackknifes and causes a multi-car pile-up on the road will likely be the parties who are liable for injuries to the victims. In slip and fall accidents, there will only be one party involved – the victim. So, because there was no other person who happened to be pushing the victim or being reckless, the circumstances of the accident will be used to figure out the slip and fall case.
The surrounding environment is a critical factor in determining if the injuries sustained by an individual’s slip and fall accident are the fault of another person’s negligence.
This can include a property owner, company, manager, or private person, depending on the fall location.
Is the Property Owner Responsible for Slip and Fall Accidents?
As we have said, the fault for slip and fall accidents is determined by the circumstances of the incident. It must be proven that property owners are at fault for the accident for the victims to recover any damages for their injuries. By Florida law, a property owner has certain responsibilities and duty of care to keep his premises safe and clear for all visitors.
A property owner who expects to have visitors or customers on the property must:
- ensure the premises are safe
- inform visitors of any hazards or unsafe conditions on the property as soon as possible
- block off any unsafe areas
- prevent employees or other workers from creating a dangerous situation
If any of these duties of care were not met by a property owner, there may be a possibility that the victim (working alongside their personal injury lawyer) may hold the property owner liable for the fall injuries.
Another part of every slip and fall claim that personal injury lawyers will quickly determine is whether or not the victim had permission to be on the property. In situations involving a store or business that is currently open, that public open sign permits individuals to be on the property. Private property, though, might be a complicated situation.
A property owner must give explicit permission to people (invitees) to be on their property. Without that permission, these people may be considered trespassers. This can affect your slip and fall lawsuit, and your personal injury lawyers can work to determine if your fall lawsuit can hold a negligent property owner liable.
Benefits of Hiring a Palm Bay, FL, Slip and Fall Accident Attorney
When it comes to slip and fall accidents and other personal injury claims like this, it is highly recommended that personal injury victims consult with a slip and fall attorney. A law firm with great experience in these types of slip and fall cases provides various benefits to its clients. These include:
- Expertise in the field
- Ability to thoroughly investigate the slip and fall case
- Access to resources that individuals may not have
- Preparing and filing the necessary paperwork of the claim
- Speaking to experts and eyewitnesses on your behalf
- Tackling the insurance company
- Working out a settlement with the property owner’s insurance
- Representing your best interests in court, if necessary
- Providing you with exceptional legal advice throughout the entire slip and fall case
Although slip and fall accident victims could attempt to represent themselves in these types of claims, that is usually against their best interests. Laws governing personal injuries, in general, are complicated and confusing. If a document is filed incorrectly, with the wrong person, or at an inappropriate time, that could derail the case.
For all of these reasons and more, it is wise to consult with an experienced slip and fall attorney to determine your eligibility to file a claim and to represent you throughout the case.
Contact Our Experienced Personal Injury Law Firm
If you or a loved one has sustained serious injuries as a result of a slip and fall accident on another person or entity’s property, you may be eligible to file a slip and fall accident claim. It can be very difficult to determine fault in these cases, so it is important to allow an experienced slip and fall lawyer to examine your case and figure out if the property owner is at fault and can be held liable for your injuries.
At Alpizar Law, LLC, our injury lawyers have over 60 years of combined experience in the field and are well-versed in the laws regarding slips and falls. Our legal team is dedicated to helping our clients recover the maximum compensation for their injuries and holding the negligent parties responsible for their acts.
When injured, do not feel ashamed or embarrassed to ask for legal help. We will fight for your best interests in and out of court! The lawyers at Alpizar Law, LLC, are here to help you get back to your normal life following a slip or trip accident that was not your fault.
Contact us today to schedule your free case evaluation. The road to recovery is only a phone call away.