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What You Must Prove to Win a Slip and Fall Injury Claim

Accidents happen no matter how much you try to avoid them. Sometimes they aren’t even your fault. If you were injured due to a slip and fall due to someone else’s negligence, you do have a right to receive compensation for your injuries. It doesn’t matter if you are choosing to go with a personal injury claim or getting an insurance settlement, you need to make sure that you have everything ready to help maximize your chances of winning. This article will show you what you need to prove in order to win a slip and fall injury claim.

There are some very important questions about liability that you should answer before you can move on with your claim. First, who is the person or organization that is potentially liable for the accident? The other important question is: Were these people or the organization actually negligent? You also have to be prepared to defend yourself against claims that you were careless in preventing the accident. The goal that they have is to put at least some or all of the blame on you.

If you have been injured, you must prove one of 2 things. One thing that you need to prove is that the property owner was negligent in recognizing any dangers or repairing the danger. The property owner should recognize hazards and do whatever was necessary to remedy the problem in a reasonable manner. The other thing that you need to prove is if the property owner actually caused the hazard that caused your slip and fall. An example of this is that the property owner placed an obstacle on a walking path where it would be reasonable to expect that someone would trip as a result of this obstacle.

A word that you are going to hear a lot during these proceedings is “reasonable”. In order for the defendant to be found negligent in the accident, there needs to be proof that the property owner did not act in a reasonably prudent manner to prevent any accidents. This means that you need to assess whether or not they were acting reasonably. To do so, you need to consider a few different factors including:

  • Did limited visibility or poor lighting have a part when you slipped and fell?
  • Did the property owner have a reasonable justification when the hazard that caused the slip and fall was created? If there was, did it still exist when you fell?
  • Were there preventative measures that could have been put in place to prevent the accident? What this means is whether or not things like warning signs or preventing access to the area could have prevented the accident.
  • How often did the property owner check or have staff check for potential hazards? Did they keep a log of those checks?

The next part of this is that you need to prove that you didn’t cause the accident yourself. The biggest defense the property owner will have in cases like this is that at least some of the fault is shared with you. This is referred to as “comparative fault” or “contributory negligence”. Why this concept is important to know is because in some places if there is comparative fault, some locations have laws that prevent the plaintiff from receiving damages for their injury.

Did you engage in any activity that that could have prevented you from seeing the hazard? If you were texting or on your cell phone, they could argue that you could have missed the obstacle when others would have seen it. Were you allowed to be in the area where you got hurt? If you did not have a legitimate reason for being in the area where you got hurt, they could place some fault with you. Did you ignore any warning signs about potential hazards or the safety precautions put in place by the property owner? The defense will look very closely at these things to see if you had a part in the accident, which will make you less likely to recover damages for your accident.

A lawyer that specializes in personal injury will be a great asset to you throughout this process. They can look at your claim to see if you have a good chance of winning your case.

The Injury Firm
2000 N.E. 45th Street
Ft. Lauderdale, FL 33308

Phone (954) 951-0000
Fax: (954) 951-1000
Email: info@flinjuryfirm.com

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Fort Lauderdale

2000 N.E. 45th Street
Ft. Lauderdale, FL 33308

Phone (954) 951-0000
Fax: (954) 951-1000
Email: info@flinjuryfirm.com

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Suite 600
West Palm Beach, Florida 33401
(by appointment)

Toll-free: 833-332-1333
Email:< info@flinjuryfirm.com

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Toll-free: 833-332-1333
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The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

  

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