You prove negligence in a slip and fall case by showing that four main elements are present in your case. First, you must establish that the negligent property owner owed you a duty of care. They then breached that duty of care, and that caused you to slip and fall. As a result, you sustained financial and non-financial losses. If even one of these elements is missing, you do not have a case.
It’s not easy to gather all the necessary evidence and build your case when you’re trying to heal from your injuries. You may want to consider retaining the services of one of our Florida slip and fall lawyers. While you’re in recovery, we can manage all aspects of your claim on your behalf.
Applying the Elements of Negligence to Your Slip and Fall Case
Negligence is the foundation of every slip and fall case. You must prove that the other party was negligent so that you can recover compensation for your injuries and damages.
The Property Owner Had a Duty of Care to Prevent Slips and Falls
The property owner was obligated to keep the premises free of hazardous conditions. Should one arise, they must promptly remove it. If they aren’t able to completely do away with the hazard, they need to post signage warning all patrons about it and encouraging them to proceed with caution.
They Breached Their Duty of Care and Acted Negligently
The at-fault party failed to uphold their duty of care. Something on the property posed a threat to all patrons, and they knew or reasonably should have known about it, but they didn’t act accordingly.
Examples of hazardous conditions in slip and fall cases include:
- Wet or slippery floors
- Uneven surfaces
- Loose floorboards
- Cluttered walkways
- Defective sidewalks
- Poor lighting
- Missing handrails
This Negligence Caused a Slip and Fall
Because the property owner didn’t do their job and ensure everyone’s safety on the premises, you slipped and fell. Our lawyers can help you collect an array of evidence to link the breach of duty to the causation:
- The incident report
- Medical bills and records
- Video surveillance footage
- Statements from eyewitnesses
- Photographs of the slip and fall scene and your injuries
If you have any other information that you think can help validate your claim, bring it to our attention. The smallest detail could make a considerable difference.
The Fall Caused Physical, Emotional, and Financial Suffering
You got hurt as a result of the slip and fall. It’s not uncommon for this type of incident to cause:
- Hand and wrist injuries
- Hip or pelvic fractures
- A dislocated shoulder
- Soft tissue injuries
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Cuts and bruises
These injuries can bring various hardships, both financial and non-financial. It’s not fair for you to deal with the costs on your own, so you may qualify to recover compensation. Common damages in slip and fall cases include:
- Pain and suffering
- Scarring
- Medical bills for past and future treatment
- Loss of income
- Future loss of earning capacity
- Mental anguish
The losses you can recoup are specific to how you’ve suffered. Our Florida personal injury attorneys can review your case and determine the types of compensation you may pursue.
How Long You Have to Prove Negligence in a Slip and Fall Case
Don’t wait to hold the property owner accountable for their negligence. Florida Statutes § 95.11 limits your time to sue them to two years. The beginning of the filing window depends on the type of case you’re filing.
For instance, those submitting a personal injury lawsuit must act within two years of the incident. On the other hand, if your loved one passed away and you’re seeking wrongful death compensation, you would have to file by the second anniversary of their death.
Failing to bring your lawsuit against the liable party within the allotted time frame risks your right to recover fair compensation. However, if you involve one of our lawyers in your case early on, we can help you meet the corresponding deadline.
Protecting Your Rights When Filing for Slip and Fall Compensation
Proving the property owner or manager’s negligence is essential to settling or winning your case. However, there are other things you can do to make your case even stronger. We suggest taking these steps in the moments, days, and weeks following the event:
- Alert the property owner or manager about your fall. They can write up an incident report right away.
- Take pictures of where you fell. Try to include the hazard that caused the fall if you can.
- Seek medical care, whether that’s at the hospital or your doctor’s office.
- Follow the doctor’s orders exactly. Don’t stray from your treatment plan.
- If there were any witnesses, ask for their contact information.
Our attorneys can take everything else from here.
How a Slip and Fall Lawyer at Our Firm Can Help With Your Case
You shouldn’t have to shoulder the burden of managing a legal case while in the middle of receiving medical care. Leave that to our lawyers instead. We can carry out these tasks for you:
- Collect evidence
- Demonstrate the other party’s negligence
- Speak to the insurance adjuster
- Fight for an appropriate settlement amount
- Argue your case in a trial, if needed
- Provide consistent updates on your case
There is no need to worry about paying for one of our Florida premises liability lawyers. We are a contingency-fee-based law firm. That means we don’t charge our clients a dime by the hour or up front. We will only receive reimbursement for our services if you receive compensation for your injuries and damages.
Call Us for Help With Proving Negligence in Your Slip and Fall Case
For the last 50+ years, Rosenberg & Rosenberg has recovered millions of dollars for the wrongfully injured. Our firm is founded on our desire to help, love for our community, and hard work. We know how to prove negligence in slip and fall cases.
Get in touch with us today and start a free, no-obligation consultation. We are available 24/7.
