If you slip and fall while on another person’s property and are injured, you may have grounds to file a slip and fall injury claim. The injury claim allows you to seek compensation for your personal injuries from the property owner. However, the property owner must have been negligent in some manner.
What area of law do slip-and-fall accidents fall under?
Slip and fall accidents typically fall under the area of law known as premises liability. Premises liability is a type of negligence law that holds property owners responsible for injuries that occur on their property due to dangerous conditions, such as slippery floors or inadequate lighting.
How do you determine negligence in a slip-and-fall accident?
In order to determine negligence in a slip-and-fall accident, it must first be established whether the property owner had a duty of care to maintain the safety of those on their property. If the property owner did have a duty of care, then it must be determined if they breached this duty by not taking reasonable steps to prevent an accident or injury from occurring.
Lastly, it must be shown that this breach of duty caused the injury you sustained while on their property.
What if the property is being leased or rented?
If the property is being leased or rented, then the occupant may have a duty of care to ensure that the property is safe and free from hazardous conditions. This includes inspecting the property regularly to identify any potential hazards and taking reasonable steps to address them.
In addition, depending on the lease agreement terms, the tenant may only have a responsibility to report any dangerous conditions they encounter on the premises. If this is the case, the landlord would be responsible for ensuring a duty of care was maintained at their property.
How do you prevent slips and falls?
In order to prevent slips and falls, property owners need to take reasonable steps to ensure their premises are safe. This includes:
- Inspecting the premises regularly.
- Keeping floors dry and free from clutter or debris
- Providing adequate lighting throughout the property
- Installing non-slip mats or other safety measures in areas where there is a potential for slipping.
Additionally, property owners should always provide warning signs when hazardous conditions exist that could cause someone to slip or fall.
Can you still file a slip and fall injury claim if warning signs were present?
Yes, filing a slip and fall injury claim is possible even if warning signs were present. For a property owner to be held liable in such cases, they must have been negligent in their duty of care by not taking reasonable steps to prevent the accident or injury.
This could include failing to address a hazardous condition despite having sufficient warning signs posted. However, since this type of situation can be complicated, it is best to obtain assistance from a qualified slip-and-fall injury attorney.
What to do after a slip and fall accident?
After a slip and fall accident, it is vital to seek immediate medical attention as soon as possible. It is also important to document the incident by taking pictures of the scene and gathering contact information from any witnesses present.
Additionally, you should report the incident to the property owner or manager and make sure they take note of it. Finally, you should consult with an attorney specializing in premises liability law to determine your legal rights and options for seeking compensation for your injuries. Consultations are free, so it never hurts to get an honest legal opinion.
Do most slip and fall cases settle out of court?
Many slip-and-fall cases do settle out of court, as the parties involved may choose to avoid the long and costly process of a trial. However, this is not always the case, and some slip-and-fall cases will go to trial if a settlement cannot be reached.
Ultimately, it is up to the parties involved to decide if they would like to pursue a settlement or take their case to court. Even in the event the lawsuit goes to trial, it is still possible to reach a settlement in many cases before the judge or jury reaches a verdict.
How does comparative negligence affect my slip and fall lawsuit?
Comparative negligence is a legal doctrine allowing for apportioning fault between two or more parties. In a slip and fall lawsuit, comparative negligence may come into play if it can be shown that the injured party was partially responsible for their injuries due to their own negligence in failing to take reasonable steps to prevent an accident from occurring.
If liability is apportioned according to comparative negligence, then any damages awarded will be reduced proportionately based on the percentage of fault attributed to each party. For example, it is determined you were 20% negligent while the defendant was 80% negligent.
Suppose your settlement offer is for $50,000. The amount you receive will be reduced by 20%, so you would receive $40,000.
Can I still file a slip and fall injury claim if I was partially negligent?
You can still file a slip and fall injury claim even if you were partially negligent. In Florida, as long as you are 49% or less negligent for your accident and injuries, you can file an injury claim against the responsible party.
Are slip and fall cases hard to win?
Slip-and-fall cases can be difficult to win without the assistance of a slip and fall lawyer. First, it must be determined who was negligent for your injuries. Next, you must be able to present sufficient evidence to demonstrate the responsible party failed to provide a duty of care.
Finally, you need to know what type of compensation you are entitled to receive. Therefore, consulting with a personal injury attorney as soon as possible is always in your best interest.
What are the benefits of getting help from a slip and fall lawyer?
The benefits of getting help from a slip and fall lawyer at Jack Bernstein, Injury Attorneys, include:
- Having an experienced legal professional who can guide you through the complicated process of filing a claim.
- Evaluating your case and advising you on your legal rights and options.
- Handling all negotiations with the other party’s insurance company so you can focus on recovering from your injuries.
- Advising you when it may be in your best interest to accept a settlement offer.
In addition, our slip and fall attorneys are familiar with Florida and local premises liability and tort laws to ensure your slip and fall lawsuit is filed correctly. Furthermore, our attorney will help maximize your chances of obtaining the best settlement offer and compensation for your injuries.
Sources:
FLA. STAT. § 768.0755. (2022).
FLA. STAT. § 768.81. (2022).
Negligence.