Slip and Fall
Determining liability in a slip and fall case is not an exact science. There is no precise manner in which it can be determined whether someone else is responsible for your injuries when you slip or trip. The amount of liability for each party hinges on whether the property owner took steps to ensure your slip and fall was not likely to happen, and whether or not there was any carelessness on your part for not seeing or avoiding the condition that caused you injury. Many cases are not 100% in favor of one side or the other, however, Florida is a pure comparative negligence state which still allows you to recover damages for any percentage of liability that you were not at fault.
To meet the burden of proof in a slip and fall case, our job is to prove a dangerous situation was present at the time of the incident that caused you injuries. A dangerous situation must present an unreasonable risk to a people on the property that the injured person would not have anticipated under the given circumstances. People must be aware of, and avoid obvious dangers. We can prove a dangerous situation existed in many ways often through testimony and/or surveillance which shows the following: The owner created the condition; The owner knew about the situation and negligently failed to correct it; or The condition existed for a sufficient period for the owner/possessor to have discovered and fixed it before the slip and fall accident in question. In cases involving a lessee of a property it is possible for both the property owner and the lessee to be named defendants. This can also occur if the property owner or lessee had contracted with an outside company to maintain the property.
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