If you’ve ever been shopping and suddenly slipped and fell on a water spot that wasn’t obvious or tripped over an uneven sidewalk, then you may have wondered — could I sue for this? While it is not always easy to win a personal injury case against a company in Florida, it doesn’t mean you cannot file one at all. Accidents happen all the time. If you’re injured on someone else’s property, then they could be liable for your damages, and there are legal avenues that can help make sure this happens!
Talking with an attorney could protect your right to compensation.
When Is A Slip-And-Fall Claim Valid?
A slip and fall accident can happen anywhere, from a mall to a busy street. There are more likely places where slipping and falling may occur, such as grocery stores or shopping malls due to the high volume of foot traffic, spills on a walkway, or a wet floor sign that was not seen by others. Some businesses have higher slip and fall claims compared with others because they tend to make it hard for consumers for accidents for several reasons:
Another instance may be going out to eat at a restaurant one night with your family for dinner. You sit down at your table and place your purse down underneath you as you wait for your waiter/waitress to come and take your order. After a few minutes, the waiter/waitress comes and takes all of your orders and brings you drinks to your table along with your appetizers. You had ordered an appetizer plate that came with several different dipping sauces, so the waiter had placed them in the center of the table on a tray for everyone to share. Then, as you dip your food into the sauce, it slips out of your hand and spills all over you! The restaurant had just opened hours before this incident occurred.
When these cases happen at homes or businesses that are open to the public, slip and fall accidents may be reported on websites like Yelp as shoppers write about their first-hand experience shopping there This may be why some offices put wet floor signs in a location where it is easy to see, and others do not.
While you may believe that slip and fall accidents often happen, people who are hurt rarely sue for these types of injuries because citizens in Florida are reminded to act responsibly when they enter someone else’s property. While personal injury laws allow for damages if the owner or person responsible was negligent enough to cause harm to another party, lawsuits can be put at risk if there was no sign marking the hazard. This means that if the restaurant had placed a wet floor sign on their walkway before spilling water on it, this would have helped protect them from liability. However, since there were no signs warning people about the spill coming, this makes this an “open and obvious” danger.
Why You Should Talk With A Slip And Fall Lawyer Before Filing A Claim
If you are thinking about filing a slip and fall claim against someone else, there are many reasons why you should talk to an attorney before taking any action. For example, an experienced accident injury lawyer could protect your rights while keeping you informed every step of the way so that you know how to gather evidence, who to name in the lawsuit, what damages can be claimed if it goes to trial, and more.
Some of the most common slips and falls cases involved the following:
There may also be injuries included in these claims, including
- broken bones or teeth,
- head injuries,
- brain damage or concussions due to falling on someone else’s property.
You should know that if you are injured while on someone else’s property, there is a chance that they may be held responsible for your injuries. In this case, the liable party would need to provide financial compensation so you can begin recovering from any harm you have suffered. This includes pain and suffering, medical bills, past and future lost wages, and more.
If the accident happened due to no fault of your own, you could be taken care of or paid back by the responsible person or business for what has been done to you. However, if their actions were not negligent enough to cause a slip and fall accident, they will not have to pay anything towards your claim. If this is the case when you are filing for a slip and fall injury, there may be other things that you can still consider as damages.
In Florida, the law states that anyone who enters into someone else’s property is acting at their own risk as far as hazards they could potentially run into while making their way through another person’s premises. This means that you should have been aware of any dangers on the property before going in, and if you were not, then this was considered a “comparative fault.” Then, there would be no reason to pay you anything since you could have prevented your injuries from happening by just watching where you walked or taking safety precautions, such as wearing different clothing since it was raining outside before coming inside.
If You Were Responsible For Your Accident Then You Can Still Be Taken Care Of
This is considered another reason you should talk with a slip and fall attorney before filing a claim if you were responsible for your injuries down to a certain extent. This can be determined by how much fault was placed on each party after the incident. While it is true that you may have been partly at fault, there are still other factors involved, including where the hazard was located, who owned the property, and more. These things could help determine your eligibility for financial compensation from someone else’s negligence, even if you were partly responsible yourself.
In some slip and fall cases, Florida law does not require that people entering into someone else’s property must be 100 percent at fault or that they should have acted more responsibly. This means that if the person who was injured was not entirely to blame for what happened, then their money can still come from another party regardless of who is deemed responsible for causing the accident.
The same thing goes for when you are found to be partially responsible when it comes to your claim, so this could affect how much compensation you are potentially eligible for if you are harmed by someone else’s actions while on their property. However, there are certain things an attorney can consider when determining whether it would be worth pursuing a case involving comparative negligence in Florida slip and fall claims, including where the hazard was located, how careful people entering into that area were or should have been, and more.
If the owner or anyone in charge of this property knew or should have known about any dangers present on their premises before you went there, they are required to take steps to ensure that everyone was safe when entering their building. This means that if they did nothing about these hazards, which could be anything from tripping over a mat to slipping because of water on the floor, then they can be held accountable for something that happened because of them not keeping the area secure.
Whatever issues are present at your place of business has to be taken care of quickly by making any necessary changes immediately since this is what customers expect when coming inside. For example, carpets might become wet after someone mopped the floors, so it would be up to the manager on duty at that time to fix this issue before more people got hurt. So if you think about it, most people would not want to enter into a business with wet floors or have something slippery then be expected to work there without being harmed by these hazards.
Florida does indeed have some higher standards for what was expected of owners who had properties where customers regularly came inside. However, if they did nothing about these issues while knowing about them beforehand, then they can still face personal injury lawsuits involving slip and fall injuries in the state. This also includes if someone else besides the owner knew or should have known about an area of risk there while entering their premises until it could be resolved. For example, security guards that knew or should have known about a slippery spot on the floor did not tell anyone about this problem before more people went inside.
In most cases, you do not have to be 100 percent at fault to get compensation from another party. However, this does depend on where the hazard was located, how many people were affected by it, and what steps were taken afterward to correct any problems with safe entry while remaining there. For example, some slip and fall claims may result in financial support for injuries sustained while going into someone else’s establishment. Still, if a person is partly responsible for their accident, they might only receive a reduced amount of money that could potentially affect them later on.
For more information on how to get started with filing a slip and fall claim, contact an experienced personal injury lawyer who can help you file the paperwork and take care of other essential details.
To consult with a Business Lawyer in Florida,
Visit our website at https://attorneysternfl.com/
Call Mark Stern at 954-772-6800