Slip and Fall Lawsuits – What You Need to Know
If you have been injured by slipping and falling on the property of another person or business, they may be liable for damages related to your accident. There are several things that you need to prove in order to prevail in a slip and fall case. This article gives an overview of the legal concepts related to slip and fall liability, but every case is different. Even if you do not think that your case meets these requirements, you should talk to a knowledgeable slip and fall attorney to see if your case has merit. Like most areas of the law, there are exceptions to these general rules and a legal professional can help you look at the specific facts of your circumstances.
Slip and Fall Accidents
Slip and fall accidents in this context are when someone falls, slips, or trips and is injured, and the hazardous conditions that led to the accident were the result of negligence by another person. Therefore, someone who slips and falls due to their own negligence, or through no fault of the property owner where the accident occurs, will probably not be able to recover damages. As such, in order to win a slip and fall case, the injured party must prove that the injury was caused by the negligence of another and that it was not their fault.
Property owners have a duty to care for their property in a way that is reasonable for the circumstances and use of the property. For example, a store owner has a greater duty to warn people of dangers they may not see than a person in their own home does. Things like bright yellow wet floor signs can alert shoppers to potential dangers, however at home we may just tell someone to “be careful” because the floor is wet instead of putting up bright signs.
There are two general ways that a property owner can be liable for slip and fall accidents that take place on their property: first, if there is a hazardous condition that the property owner, or their employees, knew or should have known about and they did not remedy it. This may arise, for example, if there is a hole in the floor that people may trip on. The second way that this usually happens is when the property owner themselves is responsible for the dangerous condition, for example if the property owner leaves construction equipment in a dangerous place.
Proving Lack of Fault
To prevail in a slip and fall accident, the injured party must also prove that they were not at fault for the accident. A potential plaintiff may be responsible for their own injuries if they were not taking due care. For example, walking while texting, or avoiding obvious warning signs.
Tampa Slip and Fall Attorneys
If you are injured from a slip and fall accident, you should contact a knowledgeable slip and fall attorney as soon as possible after your accident to make sure that you do not miss any filing deadlines and that you have the greatest ability to gather evidence and medical records for your case. Our experienced slip and fall attorneys at the Romero Law Firm in Tampa, Florida, can help you to make the strongest case possible for maximum damages.