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Home » Consumer Information » Personal Injury » Proof of Liability

Slip & Fall Liability

Every year, countless people are hurt in slip and fall accidents, whether they lose their footing on a slippery surface, a stairwell, or an uneven section of ground. Depending on the circumstances, the property owner can be held liable for the victim's injuries.

If you have suffered an injury such as this, you must take into account that it is only natural for obstacles to occur that will instigate a slip and fall. Obviously, drains lining the side of the road serve a useful purpose, so it is our responsibility to watch out for things like this since it is no one else's fault if we trip on one and get injured. On the other hand, property owners do have an obligation to maintain their land. While there is no exact science to determine when another party should be blamed for your accident, cases are often decided based on whether the property owner had done everything in their power to prevent the fall. The amount of negligence that you exhibit in terms of your awareness of the object that caused the fall comes into play as well.

Who is liable for the fall?

In order to assume responsibility for the injuries one sustains as a result of a slip and fall on someone's property, any of these statements must apply:

  • The property owner or one of their employees must have caused the spill or some other mishap leading to the unsafe footing.
  • The property owner or one of their employees must have had prior knowledge of the dangerous surface and failed to address the problem.
  • The property owner or one of their employees should have realized that the hazardous condition existed since a "reasonable" caretaker of the property would have noticed and cleaned or fixed it.

The third example occurs more frequently than the other two, but it is quite ambiguous in comparison due to the phrase "should have realized." In these situations, the court usually decides which party is liable using common sense and establishing whether the property owner or overseer took reasonable steps in an effort to keep the property safe.

If you've been injured in a slip and fall accident, a Florida personal injury lawyer will review the fine details of your case to determine where the bulk of liability falls.

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