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A sudden fall can be deceptively dangerous, especially if you fall from a height or land on an unforgiving surface or structure. To make matters worse, holding a landowner legally accountable for a slipping or tripping accident on their property could be complicated. Unfortunately, owners are not always liable for certain accidents on their land.
Making sense of how state law governs claims of this nature and effectively navigating around common legal roadblocks could be easier with guidance from a practiced Lehigh Acres slip and fall lawyer. Whether you want reimbursement for short-term medical bills or need help coping with a long-term disability caused by a property owner’s misconduct, a capable personal injury attorney could be vital in increasing your chances of a positive case result.
Establishing Fault for Slip and Fall Injuries
All property owners in Florida have a legal duty to exercise ordinary care in inspecting their property for hazardous conditions, remedying any dangers they discover within a reasonable amount of time, and warning lawful visitors about known hazards. Accordingly, if someone slips or trips because of an unmarked risk a property owner knew or reasonably should have known about, an injured person might have grounds to file suit over any losses they sustained.
Importantly, even a reasonable owner may not know of every hazard on their property. For example, if someone were to slip on a spill in a retail store aisle that occurred just a few seconds beforehand, it would not be fair to expect a landowner to have already addressed the danger before an accident could occur. Conversely, if that spill had been left unmarked and unaddressed for several hours, a person who slipped on it might be able to pursue a claim. A slip and fall attorney in Lehigh Acres could assist in identifying whether a particular situation could be the basis for a settlement demand or lawsuit.
How Comparative Fault Could Impact a Tripping Claim’s Recovery Efforts
Beyond proving that a landowner was directly at fault for their injuries, it could also be important for someone injured through a slipping or tripping accident to show they bore no responsibility for their accident. If someone injured through a fall was wearing shoes with no tread, running instead of walking indoors, not paying attention to their surroundings, or acting recklessly in any other way, a court might hold their irresponsible actions against them during a civil claim.
Specifically, Florida Statutes §768.81 allows courts to proportionately reduce a plaintiff’s final damage award based on the percentage of total fault the court assigns to that plaintiff for causing or worsening their losses. Guidance from a seasoned lawyer could be vital to effectively contest allegations of fault during trip and fall litigation in Lehigh Acres.
Talk to a Lehigh Acres Slip and Fall Attorney Today
Tripping or slipping accidents have devastating consequences for hundreds of Florida residents every year. If you were hurt through this kind of incident and believe a negligent property owner is to blame, contacting legal counsel and discussing possible litigation should be a top priority.
A Lehigh Acres slip and fall lawyer could explain your rights and review filing options in detail during a confidential consultation. Call today to discuss your options.