What Constitutes a Slip & Fall or Trip & Fall Injury?
Slip and fall accidents encompass a wide variety of injuries, and may best be understood as any injury resulting from a person falling and/or losing their footing while on another person’s property. These types of claims include accidents in which a person falls on an uneven surface and/or trips over an object, as well as step and fall accidents, in which the victim’s fall is caused by a hole or unstable spot on the owner’s property. Additionally, slip and fall injuries may also arise from spills or otherwise slippery surfaces.
Proving Your Injury Resulted from a Slip & Fall or Trip & Fall Accident
In order to receive compensation for a fall-related injury, you must prove that the home or business owner acted negligently in maintaining a safe property. You must show that the premises owner failed to correct or warn of a dangerous condition that it knew or should have known of. Keep in mind that under Florida law, a slip and fall or trip and fall claim must be filed within four years of the date of the injury.
Because several parties may share some responsibility (i.e. ownership, possession or control) to an injured patron, it is often difficult to determine who is legally responsible for your injury. Under Florida law, each defendant who is actively negligent is required only to compensate you for its share of the injury. In other words, if your claim fails to name each party responsible for your injury, you may receive less in compensation than you would have otherwise.
Comparative Negligence in Slip & Fall or Trip & Fall Cases
In the state of Florida, slip and fall and trip and fall cases employ a legal tool called “comparative negligence.” This allows a Florida jury to compare the negligence of the injured person to the negligence of the premises owner when deciding who was most at fault. A person who engages in unreasonable behavior may receive little, if any, compensation for their injuries.
The Benefits of Filing a Slip & Fall or Trip & Fall Suit
Fall injuries can be severe, often resulting in steep medical costs and lengthy recovery times. If you need assistance with skyrocketing medical bills, lost wages (both now and going forward), permanent disability and/or stress due to emotional hardship, it is highly recommended that you seek compensation.