When you enter a store, you expect the space to be reasonably safe. As an owner of the property, the landlord is required to maintain a structurally safe building. Additionally, store owners are also required to keep their storefront free of hazards that could potentially injure their customers. If you slipped and fell in a store or business, you could potentially have a premises liability claim. Our Fort Lauderdale attorneys have served the community for over four decades and are well-versed in personal injury claims. We’ve put together some items to consider when deciding if you have a slip and fall case.
Two Basic Liability Rules
- Property Owner Keeps Property Safe – This means the landlord or property owner is required to maintain a reasonable level of safety with regard to the structure of the building. If the carpet begins peeling back, the landlord should replace or repair the carpet in a timely manner in order to prevent injury.
- Customer/Visitor Using the Property Normally -- When you visit a location, you are expected to use the property according to the rules clearly established by the property owner. If you have ever swum at a community pool, you may have noticed numerous signs warning you against running while around the pool area. If you slipped and were injured after running around the pool, you could be held liable for your actions because you failed to heed the warnings and were using the property improperly.
Who is Liable?
When determining liability for a slip and fall case that occurred in a business, our attorneys first consider the cause of the accident. If you tripped due to a water spill, you first want to find out why the water was spilled on the floor in the first place. If the water was spilled by another customer and left unchecked on the floor, the responsibility will likely land on the store owner. However, if the water was on the floor due to a leaky air conditioning unit that the building owner failed to repair, then the liability could fall to the landlord.
Questions To Ask After a Slip and Fall Injury
If you were severely injured after slipping and falling, it may be difficult to obtain the answers to the following questions right after the incident. Once you are able you should consider asking the following questions:
- Why was the floor slippery?
- Was it unreasonably slippery?
- Was there a warning about the slippery floor?
- Were you aware of the slippery floor before you slipped?
- Was the building owner or shop owner aware of the floor's condition prior to your accident?
Determining If You Have a Case
Once you have considered all of the above, gather your evidence. Collect any medical bills you have from the accident, and organize any witness testimony or contact information. The next step would be to consult a qualified Fort Lauderdale attorney savvy with personal injury cases like yours. At Rosenberg & Rosenburg we offer free consultations so our clients can find out if they have a case without having to pay a cent.Schedule your free consultation today.