The tricky part of proving that a property owner is responsible for your slip and fall injury is whether the owner was already aware of such danger on the premises, and if the owner had taken any and all the steps to repair the damage.
In Florida, premises liability laws are a body of laws that focus on the legal matters surrounding responsibility for a property’s safe condition, and the lawsuits that may arise if a property owner failed to maintain that property’s condition. In order to prove that the owner was at fault, at least one of the following must be true:
The property owner was responsible for the hazardous condition.
The property owner knew about the hazardous condition but did nothing to correct it.
The property owner should have known about the dangerous condition. Please note that this third point is determined by your own good judgment. Regarding this point, the court’s duty is to decide whether the owner frequently and conscientiously ensures the premise’s safety and cleanliness.
Was it your fault?
Before you contact an attorney to file a lawsuit against the property owner, you should consider whether you may have caused your own slip and fall injury. After all, we’re all responsible for our actions, and sometimes things occur on a property its owner couldn’t have foreseen immediately.
The following are some questions to ask yourself in order to figure out whether you actually caused your slip and fall injury:
Were there any warnings the area might be unsafe?
Did you have any actual reason (reason for which the owner should have expected) for being in the unsafe area?
Were you doing anything that distracted you from paying attention to where you were going, or were you doing any activity in a way that made falling more likely?
Would a careful person have seen the dangerous spot and avoided it, or walked carefully enough not to slip or trip?
These are some of the questions your insurance adjuster would ask you as well.
Anderson & Ferrin personal injury attorneys take care of the clients that come to us for various injury claims, including those involving slip and fall injuries. We look hard at all of a case’s evidence so we can best advise you of what course of action to take. We work for you and make sure you get the representation you deserve. We represent clients in the Orlando, FL, region.
Are you considering filing a slip and fall injury lawsuit? Call Anderson & Ferrin Today for a Free Consultation: 407-412-7041