If you have been hurt in a trip and spill incident while visiting someone else’s property, you may be able to recover compensation for your injuries. A Belle Glade slip and fall lawyer could help you understand your rights under the law and what you can do to protect them. The attorneys at Domnick Cunningham and Whalen could help assess whether you have a viable claim and aggressively pursue responsible parties for compensation on your behalf. En Español.
Liability in Trip and Spill Cases
Generally, a slip and fall accident refers to when someone loses their balance and is hurt while visiting another person’s property.
Under the state’s premises liability laws, a property owner is obligated to keep their premises in reasonably safe condition for guests and/or customers. If the manager or property owner is aware of or should be aware of an unsafe condition on their land and fails to fix the problem in a timely manner, they may be held responsible for any damages someone suffers in a trip and spill incident.
For example, if there is debris covering a sidewalk, ice or liquid on a publicly accessible walkway, or faulty flooring or stairs, the landowner could be required to reimburse any subsequent losses sustained by a guest or business invitee.
Proving the Necessary Elements
To establish a defendant’s negligence on the plaintiff’s behalf in a slip and fall incident, a Belle Glade lawyer would need to prove that the property owner owed a duty of care to the injured individual. For instance, when someone invites another person onto their property, they are obliged to ensure their safety.
It would also be necessary to establish that the landowner did not exert reasonable care to operate or maintain the safety of their property. Finally, an experienced legal advocate could use relevant medical records to prove that the property owner’s failure to use reasonable care directly caused the claimant’s injuries.
Florida Statutes §95-11(3)(a) requires slip and fall cases to be filed within four years of the date of the injury. Filing after this statutory deadline expires could result in being barred from recovering any damages whatsoever. When someone is injured in a slip and fall incident in Belle Glade, a member of our qualified legal team could help ensure compliance with all filing deadlines.
Comparative Negligence
Belle Glade courts are legally obligated to use comparative negligence to assign blame for a slip and fall accident, which would ultimately impact a plaintiff’s total compensation. If an at-fault property owner alleges that the claimant contributed to their own injured by texting while walking, for example, the injured party may have their compensatory award reduced in proportion to their assigned percentage of fault. It is also important to note that trespassers are not offered any legal protections, so an attorney from our firm could help refute the opposing party’s allegations of unlawful visitation.
Seeking Compensation
The compensation which could be awarded in a Belle Glade slip and fall case could include numerous types of economic damages such as lost wages and medical costs. Compensation may also cover intangible losses such as emotional distress, pain and suffering, and other costs directly related to the plaintiff’s injury.
Schedule a Case Evaluation with a Belle Glade Slip and Fall Attorney
The laws governing these cases can be highly complex and are often dependent on the type of property where the accident took place. An injured party may be up against large corporations and their insurance companies with vast resources. If you have been hurt, you should consider consulting with a Belle Glade slip and fall lawyer who is well-versed in the nuances of personal injury law.
A dedicated attorney from our firm could protect your rights and maximize your chances of success in court. Schedule your case evaluation today.
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