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Five Things You Need To Prove To Win A Slip And Fall Accident Claim


Accidents happen and sometimes they are completely unavoidable. However, when you slip or trip and fall on another person’s property, your fall may be a result of their negligence. If they are negligent, you have a case for a claim on the damages from your injuries. However, in order to receive damages in a property liability case, you have to prove five critical things:

You Were On The Property Legally:

In order to hold the property owner accountable, you have to prove that you were on the property legally. If you were an invited guest, tenant, employee, or customer, you will be considered on the property legally. The only exception to this is if you were in a restricted area of the property unauthorized. Property liability is based on the concept that property owners are responsible for a reasonable level of safety for their guests. They are not responsible for people who are on the property illegally or uninvited because they cannot take the proper precautions to keep them safe if they do not know they are on the property.

There Was A Dangerous Condition On The Property

Next, you have to show there was a dangerous condition on the property. Dangerous conditions can include a variety of things such as:

● Cracked or damaged walkways
● Loose carpeting
● Slippery or broken stair steps
● No handrails on the stairs
● Liquids on the floor without proper warning
● Tripping hazards like loose wiring and unremoved objects

In all of these cases, it is clear there was an obvious hazard and a property owner had a responsibility to fix these hazards before they caused an injury.

The Dangerous Condition Was Not Remediated

Not only do you have to prove there was a dangerous condition, but that the property owner did not take reasonable precautions to remediate the situation. For example, if a property owner mops the stairs in the middle of the day, they are creating a hazard. If they put up signage warning of the wet stairs or blocked off the area, they may not be liable for your fall because they did their due diligence to avoid the situation.

The Dangerous Condition Caused Your Fall

The next thing you need to prove is that the dangerous condition was what caused you to fall. Accidents happen and sometimes people are clumsy and trip on their own accord. In this case, your fall wouldn’t be covered. However, if you trip on a pothole that was not repaired and fall, it is clear the pothole caused your fall. This piece can be a little difficult to prove, but it’s a good idea to take photos of the area where you fell if you can.

Your Injuries Are A Result Of That Fall

Finally, and most importantly, property liability will only cover the injuries you incurred as a result of the fall. If you had a pre-existing back injury and fell and broke your knee, unless the fall also hurt your back, you will only be covered for the injury to your knee. The best way to prove that your injuries were the result of the fall is to seek medical treatment immediately. Insurance companies and courts will review the timeline of your medical history. If you had no knee problems before the fall and the date of the fall you visit the doctor for a knee injury, you have a strong case that the fall caused your injury.

Even if the property owner was responsible for your fall, insurance companies may not pay a fair claim. They will try to fight you at every step of the process to prove that your injuries were your own fault. Even if you can prove all five things, you may still need the support of an attorney to win your case. At , Goldman, Babboni, Fernandez, and Walsh, we have represented hundreds of slip and fall victims in the Southwest Florida area and we can help you. Call us today for a free case evaluation to learn more!

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Five Things You Need To Prove To Win A Slip And Fall Accident Claim

Goldman Babboni Fernandez
Murphy & Walsh




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