Property that is open to the public, or private areas that you were invited
to, should be safe, secure, and free of any hazards. This means no poorly
lit areas, no loose debris on the floor, no stray wires, no broken handrails
near stairs, and so on. The concept of a safe place to visit is not foreign,
and it certainly isn’t unreasonable.
What happens, then, if a property owner or controller, such as a tenant
of an apartment or the manager of a retail location, fails to keep their
premises clean and safe? What should be done if someone slips and falls
on their property, suffering serious injury? The obvious answer is that
the property owner should be held responsible for what their neglect has
caused, but proving that point might not be so simple.
Three Main Requirements to Prove Liability in a Slip & Fall Case
As far as premises liability cases go, one of the most common accidents
are due to slipping and falling. The law surrounding these issues has
been refined, to some degree, and there are three main requirements that
usually have to be proven to hold a property owner accountable for what happened.
Duty of Care
Someone is responsible for the general maintenance of the area of your
accident, but it might not be who you think it is. To prove liability
in your slip & fall accident case, you will need to be able to show
that the person you are filing against was ultimately responsible for
the upkeep of the premises and the safety of any guests or visitors.
Breach of Duty
You will have to show that the defendant in your personal injury case
actually failed to provide an adequately safe environment. Generally,
the hazard that caused your accident can’t be something that occurred
without warning. Instead, it could be a problem that the property controller
had a reasonable amount of time to discover and yet still did not rectify
or otherwise address.
Cause of Injury
Lastly, you will need to provide realistic proof that the hazard is what
actually caused your injury. Sometimes this can only be done through medical
examinations or thorough investigations. After all, even if you slipped
in a puddle in a grocery store, that doesn’t definitively prove
that the resulting fall caused your limp.
What Else Should You Do in Your Slip & Fall Accident Case?
In addition to proving that someone else was responsible for your accident,
it might also be necessary to show that you werenot responsible. Even if you are found partially liable for what happened,
it could greatly reduce the chances of you winning a settlement that fully
compensates you for your pain and suffering.
You should prove that:
- You were not trespassing on the property
- You were given no warning about the hazards
- You were behaving in a reasonable manner
You should also retain a professional personal injury attorney to help
you develop your case. The details surrounding your claim might be overwhelming
to someone not familiarized with litigation and civil lawsuits. My team
and I, Miami Premises Liability Attorney Danielle Cohen, have been supporting
the wrongfully injured for years now, earning us a strong reputation and
a respectable list of
client testimonials. If you have suffered a slip & fall accident, do not hesitate to
contact me so we can discuss your legal options through a
free initial consultation.