Did Someone Else’s Negligence Cause You To Slip And Fall?
Michael Babboni
Premises Liability
If you’ve ever heard about the burden of proof, slip and fall cases might just be the prime example of where it is needed. You might think that when you slip and fall on the property of another party that you have the right to be compensated for any injuries that occur. While this is partially true, the burden of proof falls on the injured party to prove one thing: negligence.Proving Negligence
When it comes to slip and fall accidents, you must prove that it was another party’s mistake (negligence) that caused or contributed to your injury. No matter where you are, a property owner has a duty to maintain premises that are in safe condition for all who visit. If an injury occurs as a result of their negligence, the property owner can be held accountable in Florida.
There are four elements to proving negligence in a slip and fall case in Florida:
• Duty – Proving negligence in a slip and fall case starts with proving that the property owner had a duty to maintain premises that were in a reasonably safe condition. If you were a guest (at a party), or visiting the property for a purpose (shopping at the mall), the property owner is obligated to protect you from risk.
• Breach – You must prove that the property owner breached their duty by failing to keep the property safe and secure. Cleaning up spills, fixing broken handrails, providing adequate lighting, and warning of potential hazards are just some ways in which property owners avoid a breach.
• Causation – You must prove that the breach caused you to become injured. There may be a jar of pickles smashed on the floor at Publix, but if you don’t slip and fall on them, you are not entitled to file a claim. Some property owners will attempt to dispute your injuries as pre-existing, so see a doctor for documentation as soon as the incident occurs.
• Harm – In order to seek compensation, you must have losses that can be compensated. If you slipped and fell, but were not injured, you won’t have any losses to recover.
Common Places To Slip And Fall
Keeping an eye out for unsafe situations can help keep you safe, but even the most diligent person can fall suspect to poor and unsafe conditions. Slip and fall accidents can occur anywhere. Some of the most common places include:
• Grocery stores – Customers might break or spill items on the floor, causing a slick surface. Staff should be alerted as soon as possible. If the staff does not clean the mess quickly, other customers can slip and fall as a result of the mess.
• Restaurants – Spilled food and drink, as well as freshly mopped floors, are the most common causes of slip and fall accidents that can occur when you go out to eat. Alert the staff if an incident occurs.
• Private homes – Things can happen at other people’s houses that can put a strain on the friendship. It’s still important to let your friend know that you were injured. Don’t feel too bad about it; your compensation will likely come from their homeowner’s insurance policy as opposed to their pocket.
• Hotels and resorts - Tiled floors outside of entryways or pools are high traffic areas. They can become slick from rain or pool water that gets tracked through. Notify the management, front desk, or housekeeping staff when an incident occurs.
• Sidewalks – When sidewalks are not properly maintained, it can cause a dangerous situation. Missing chunks of cement, large cracks, and wet or icy surfaces can lead to falls. Cases like this against municipalities can be complex.
• Apartment complexes and rental properties – From broken handrails in the stairwell to slick walkways, maintenance is essential to protect guests. When a slip and fall occurs on a property such as this, it’s important to notify the property manager or landlord immediately.
Nothing is more important than your health and your future. If you have been injured as a result of someone else’s negligence in Florida, you are entitled by law to compensation.