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Slip and Fall FAQ

Understanding Premises Liability Cases

Slip and fall accidents pose unique legal complications and troubling times for injured victims and their loved ones. Whether these accidents occurred at a business, on the job or on the private property of another, you need have a solid understanding of your rights and how you can protect and effectively assert them. At Rosenberg & Rosenberg, P.A., our Fort Lauderdale personal injury attorneys understand that victims and families may not know how to begin their legal journey, and we go above and beyond in our efforts to be of service from the moment you reach out to our firm. The following answers to commonly asked questions about slip and fall accident.

WHO IS RESPONSIBLE FOR YOUR SLIP AND FALL ACCIDENT?

Thousands of people are injured each year as the result of slip and fall accidents. While it is inevitable that these accidents and injuries can be caused by genuine mistakes and misfortune, there are times when the negligence or carelessness of another is the direct cause.

Determining if you have a viable claim will be hinged on determining if another party can be held responsible for your accident and injury. As premises liability law obligates premises owners to ensure that their property or business is safe for guests and free from preventable harm, they can be held liable for their failures to meet this duty.

By acting negligently or breaching their duty to address reasonable dangers they knew of, or should have known about, premises owners can be held legally and financially responsible for a victim's damages. This holds true for large corporations or businesses that are ultimately responsible for the conduct of their employees. As situations and case may vary, it is advised that you have an attorney evaluate your case to determine if another can be held at fault for your slip and fall accident.

HOW IS A PROPERTY OR BUSINESS OWNER'S LIABILITY DETERMINED?

Premises owners can be held liable - or financially responsible for a victim's damages - when it can be shown that the owner or their employee:

The third situation, in which a premises owner should have known about potential dangers, is common in slip and fall claims. Legally, this must be proven using "common sense" or the care a reasonable personal may have demonstrated when addressing a potential hazard. The court will determine whether the owner or occupier of the property was careful by deciding if the steps take to keep the property safe were reasonable.

  • Caused a dangerous condition and failed to address or correct it
  • Knew about a dangerous condition and did nothing to address it
  • Should have known about a dangerous condition

WHAT IS REASONABLE CARE?

When looking at a property owner's "reasonableness" in a premises liability case, the owner's efforts to maintain a safe and clean environment on a consistent basis will be examined. When determining this, there may be various questions that seek to be answered, including the following:

Of course it ultimately depends on the situation and the events leading up to the slip and fall, but answers to questions like these may help prove whether or not the property owner used reasonable care.

  • In instances where the slip or fall happened on part of the ground where it was wet, loose, torn, broken or damaged in some other way, had the harmful obstacle been in place for long enough for the owner to know it existed?
  • Is there a regular maintenance schedule that the property owner sticks to, in order to keep proper care of the grounds?
  • Was there a legitimate reason behind why an object was in or on the floor, if that is what caused the accident?
  • If there was a good reason behind an object being an obstacle, but that reason is outdated and no longer applicable, could the item have been covered up, taken away or made safer in some way?
  • Was there perhaps another location that the item could have been located, placed or stored that would have been safer?
  • Would it have been better if a sign or barrier was created to prevent people from injuring themselves?
  • Was the cause of the accident broken or poor lighting?

HOW DO I KNOW IF I HAVE A POTENTIAL SLIP AND FALL CLAIM?

Cases will always vary on a unique basis and the potential merits of your claim can be affected by a number of circumstances. In the most basic terms, however, you must have been an invitee or licensee. Essentially this means that you were a guest, visitor, worker or other invitee who waslawfully permitted to be on the premises where your accident took place. Beyond this, the extent of a premises liability owner must outweigh your own fault in causing the accident. These may be difficult matters to dissect, especially when victims are recovering from injuries. As such, our legal team is here to evaluate your case and provide you with the information and assistance you need.

Contact a Fort Lauderdale Personal Injury Attorney to Learn More

If you or a loved one has recently been injured in a slip and fall accident while on another's property, begin learning about your rights and legal options with a firm that has the experience and passion to help you be successful.

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