Winter Haven Slip-and-Fall Lawyers Assisting Clients Injured in a Premises Liability Case
When you are simply going about your day, going for a walk, visiting someone, or entering a business, getting hurt after slipping and falling may be the last thing on your mind. Unfortunately, many people get injured after slipping on a wet or slick spot, tripping on uneven sidewalks, or otherwise getting hurt due to a hazardous situation at a private property, public place, or place of business. Here are a few basic aspects you need to know about filing a Florida slip-and-fall claim.
What Kind of Accidents Are Considered Slip-And-Falls in Florida?
Slip-and-fall is a term used to refer to a premises liability case. A slip-and-fall accident involves a person who has been hurt after encountering a dangerous obstacle or situation that should have been addressed by the party in control of that area or property. For example, if someone injured themselves after tripping on uneven carpet at an office building, and there was no warning sign alerting the public about the trouble spot on the carpet, then that person may have a slip-and-fall claim against the owner of the office building.
Who Is Liable for a Slip-And-Fall Accident at a Private Property?
Suppose you are visiting someone at their home when you step on their driveway and end up slipping on some motor oil residue left from when that person was working on his car. If you fall and as a result get injured, you may choose to initiate a slip-and-fall claim against the homeowner. In this case, the homeowner’s insurance policy may provide coverage for your damages. This isn’t always true as not all homeowners have an insurance policy that covers premises liability claims.
If you were injured at a rental property, the responsibility may lie on the landlord or the renter, depending on what caused the accident. If you slipped and fell on a patch of ice caused by a leaky gutter, then the landlord (and their insurance) will be responsible for your losses. If you were hurt after tripping over debris or objects left by a renter in a dark hallway, then the renter and their insurance will likely be liable for your damages.
What Aspects Do You Need to Prove in a Slip-And-Fall Case?
In a slip-and-fall case, the burden of proof lies with the victim (the plaintiff). In order to prove a slip-and-fall case, you must be able to demonstrate that the property owner or business owner owed a duty of care to you and should have taken action to make sure the premises were safe and free of hazardous conditions and obstacles. Next, you need to show that the person who owns and/or controls the property did not use reasonable care in properly maintaining or operating the property. Finally, you need to show that the defendant’s lack of reasonable care directly contributed to your accident and injury.
Slip-and-fall cases aren’t always easy to prove, so you must gather as much evidence as you can, starting with a detailed medical report taken shortly after the accident. Documenting the extent of your injuries and symptoms right away is a key step. If you can take photos, videos and collect witnesses’ contact information, it may be very beneficial to strengthen your case.
How Can a Slip-And-Fall Attorney Help Me?
Because the burden of proof in a slip-and-fall accident lies on the plaintiff, having a seasoned Florida slip-and-fall legal firm on your side is essential to build a strong case. Your injury lawyer can assist you with every aspect of your case, including investigating the scene of the accident and helping determine who may be liable for your injuries. At Jiles Law, P.A., we have assisted many clients in Winter Haven, FL, and surrounding areas to recover fair compensation after a premises liability accident. If you have been hurt in a slip-and-fall accident, give us a call at 863-356-0941 to discuss your case. We are here to help.