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Who Is Responsible For Your Slip And Fall Injuries?


One of the most common questions that clients typically ask their slip-and-fall lawyer in the initial consultation is “who is responsible for my injuries?” Every year thousands of individuals are injured because of a slip and fall accident.  In some instances, those injuries can be extremely serious or even life-threatening.  These accidents typically occur when dangerous conditions exist in a place of business or on a person’s property.  This includes tripping on a flight of stairs, on a floor, or on a patch of ground.

In some cases, the owner of the business or property is found responsible.  However, there are instances when they are not liable.  The only way to determine this is with the assistance of an experienced slip and fall lawyer who can do all the research necessary prior to presenting your case in a court of law.  What you need to be aware of is the fact that it is not unusual for things to drip or fall on a floor or for certain surfaces to become uneven over time.  However, the owner of the property is responsible for correcting these situations.

Additionally, there are certain objects that are placed on a floor or the ground that have an intended and useful purpose such as floor drain grates.  In these circumstances, the owner of the property is not always responsible.  Nor are they going to be held responsible if the court deems that an ordinary individual would have seen and avoided.  However, the owner of a business or piece of property is responsible for maintaining safe conditions and correcting those that are not.

Determination Of Liability

One of the following must be true when you are trying to determine who is liable for your injuries in a slip and fall accident:

  • An employee working on the premises or the owner of the property where business is being conducted must have caused dangerous or slippery condition, a spill, or a torn or worn area of the floor.
  • An employee working on the premises or the property owner knew about the conditions cited above but failed to correct it.
  • An employee working on the premises or the property owner should have been aware of these potentially dangerous conditions and corrected them by either removing or repairing them.

The most common situation is the third one above.  However, it is by far the most difficult to interpret because of the phrase “should have been aware of.” In most instances, it is the application of common sense that usually determines who is liable in a slip and fall accident or who is not.  The judge and jury in your case has the power to determine whether or not the occupant or owner of the property exercised reasonable care and corrected the situation in order to provide a safe environment for their customers, guests, or visitors to walk around in.

“Reasonable” Can Be Defined In A Number Of Ways

In determining what is reasonable, Florida laws focus on whether or not the occupant or owner of the property kept it clean and safe by making regular and thorough efforts to do so.  For instance, one of the more common questions that are asked during the trial is whether or not the occupant or owner of the property was aware of any dangerous and unsafe conditions that existed on the carpet, flooring, or ground.  Furthermore, was regular maintenance conducted so that the condition would have been discovered and corrected immediately? Just keep in mind that there is no liability if your injuries resulted from your own carelessness. Contact us to learn more about what we can do for you.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

Who Is Responsible For Your Slip And Fall Injuries?

Goldman Babboni Fernandez
Murphy & Walsh




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