Proving liability in Florida slip and fall cases

When a Florida resident slips and falls on someone else’s property, it may be possible to take legal action against the property owner. However, the incident may not have been the fault of the property owner. The person who fell may have had some role in falling and in any subsequent injuries suffered in that fall. Prior to taking legal action, it may be prudent to ask whether the property owner could have done more to prevent dangerous conditions.

It is also important to ask whether the property owner had a duty of care to fix any potentially dangerous conditions. For instance, if a leaking roof caused a floor to become slippery, the property owner may not be liable if he or she installed a drainage grate or took other actions to remedy the problem. The injured victim may be entitled to compensation if it is established that those actions were not reasonable to remedy the problem.

To determine if a property owner is liable for a victim’s injuries, the property owner had to know or should have known that dangerous conditions existed on the property. If nothing was done to fix the issue, the owner is generally liable for the injuries suffered by someone on the property. Furthermore, a victim who could have avoided the dangerous conditions and did not could be partially responsible for the slip-and-fall.

Those who have been hurt on someone else’s property may wish to talk to an attorney who has experience in premises liability matters arising out of hazardous conditions. The attorney may be able to obtain compensation for a client through a personal injury lawsuit seeking damages for lost wages, for future lost earnings and for any necessary medical care and treatment.

Source: FindLaw, “Proving Fault in Slip and Fall Accidents”, accessed on Feb. 27, 2015