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An Overview Of Slip And Fall Laws In Florida

In US tort law, “slip and fall” refers to legal cases or claims that are based on injuries resulting from an individual slipping and falling on a property where the owner has allowed dangerous conditions to exist without correcting them. This is more commonly referred to as negligence and the property owner can be held liable for this in a court of law.  If you were recently injured due to slipping and falling, you may be eligible for compensation and damages.  So it is important that you know your rights in these circumstances.

Defining Slip And Fall

In the state of Florida as in others, slip and fall cases or claims fall under personal injury law and refers to any instance whenever an individual loses their footing or trips, and injures themselves by falling on someone else’s property.  There are 3 common types of these accidents including:

  • Slip-and-fall – the fall is caused by slippery liquids or objects
  • Step-and-fall – a hole or low spot where the person was walking causes them to fall
  • Trip-and-fall – an object where a person is walking or an uneven surface on their path causes the person to fall

Granted, injuries received from falling happen to people every day.  However, only some of those accidents are the fault of another individual.  A business or property owner is required under premises liability laws in Florida must provide and maintain “reasonably safe conditions” for the customers or guests that visit their property.  If they are aware of or should have been aware of unsafe conditions that exist on their property, they are required by law to correct them.

If you are injured by slipping, stepping, or tripping and falling because these conditions were not corrected, they are negligent and can be held responsible for your injuries if you sue them and your case goes to court.  If you have recently been injured in similar fashion, you may have the right to file a claim and be compensated for your injuries.  However, it is suggested that you do not attempt to do this without the assistance of an experienced slip and fall lawyer as this type of case can be extremely complicated in some instances.

The Burden Of Proof Is On You

In any slip and fall case, whether it is here in Florida or in any other state, the burden of proof falls on the injured individual.  As a result, you will need to prove the following in court:

  • The business or property owner did not exercise reasonable care or caution when they maintained and operated their property.  Based on the evidence presented in the case, the judge will determine what constitutes “reasonable.”
  • The business or property owner owed what is called a “duty of care” to the person who was injured.  They must ensure that their property is safe for their customers and guests.
  • The person was injured in their place of business or on their property as a result of the owner not using reasonable care.

What Compensation And Damages Are You Entitled To?

If you are injured in a slip and fall incident, and you along with your slip and fall lawyer win your case, the court decides what fair compensation for your injuries will be.  The amount of compensation you receive may include monetary damages for emotional distress, current and future lost wages, medical costs, permanent disability, and any other expenses that are directly related to your injuries.  The need for experienced legal counsel in these matters cannot be overstated.  Remember, they will ensure that your rights are protected and will ensure the best possible outcome in your case. Contact us to learn more about what we can do for you.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

An Overview Of Slip And Fall Laws In Florida

Goldman Babboni Fernandez
Murphy & Walsh

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