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Proving Fault: Slip and Fall Accidents
More than 800,000 people are hospitalized due to slip and fall injuries every year. These accidents can have long-term impacts such as disability, missed work, dependence on others, and reduced quality of life. Slip and falls can happen anywhere – at a public location or private property – and if you or someone you know has been seriously injured in this type of accident, fault (or negligence) must be proven to receive a settlement for pain and suffering.
Slip and fall lawsuits can be complicated, so it is in your best interest to hire an experienced slip and fall attorney to handle your case. Read more to learn about your rights as a slip and fall accident victim.
Understanding Slip and Fall Law
The term “slip and fall” refers to the rules and liability when someone falls and suffers harm due to dangerous or unsafe conditions on public or private property. There are Florida Statues that may affect liability in these cases.
Common hazards that cause slip and fall accidents include:
- Uneven steps
- Broken floor tiles
- Objects on stairs
- Missing handrails
- Poor lighting
- Snow and ice(yes, even in Florida)
- Cracked sidewalks and potholes
- Spilled food or liquid
If you or someone you love is involved in a slip and fall accident, make sure you report it to the business or property owner, take pictures and video showing the conditions that caused you to fall and then seek medical attention. After speaking with a doctor, call Mickey Keenan Law in South Tampa today for a free case review.
Slip and Fall Lawsuits
The first step in a slip and fall lawsuit is to identify the responsible party, often the owner or landlord of a property, a business owner, or a property manager. We will investigate whether they a recovered by liability insurance, our team of Tampa, FL injury lawyers have been awarded large settlements for our clients.
Proving Fault to Win a Lawsuit
To win a slip and fall lawsuit, your personal injury attorney must show at least one of the following:
- The employee or owner should have known that the hazard or dangerous condition that caused the accident existed because the condition existed for such a length of time or it occurred with regularity.
- The employee or owner knew about the hazard or dangerous condition that caused the accident but chose not to fix it.
- The employee or owner caused the hazard or dangerous condition.
Proving fault (or negligence) is key to winning a slip and fall lawsuit. What this means is that the defendant didn’t act in a “reasonable” manner.
For example, when a store clerk mops a floor, he or she should warn patrons the floors are wet by placing “wet floor” signs out. If the clerk failed to do this and someone were to fall, the owner of the store can be held liable for negligence.
The best strategy for proving fault is to reveal what was known at the time of the accident. This is done through the discovery process –that begins with the injured victim gathering evidence at the scene.
Call a Personal Injury Attorney for Your Slip and Fall Lawsuit
If you or someone you love is involved in a slip and fall accident, get medical help immediately. The next step is contacting a personal injury attorney who is well-versed in slip and fall lawsuits. The Tampa law office of Mickey Keenan can help. Call us today for a free consultation.