A slip and fall or trip and fall can happen anywhere at any time. These falls can be painful and costly. If the fall was the result of someone else’s negligence, you are probably wondering what it takes to hold the property owner or business accountable for your injuries and how to win a slip and fall case.
To win a slip and fall case in Florida, you need to establish the property owner or business owner ‘knew or should have known’ of the dangerous condition that caused your fall. Another crucial element to winning your case is defending the argument that the injured plaintiff’s own carelessness somehow contributed to the fall. Here are some of the most common defenses in slip and fall accident claims and how our attorneys disprove them.
The defendant claims they took ‘reasonable steps’ to prevent the accident. Not every fall at a supermarket, restaurant or shopping center is enough to file a personal injury lawsuit. The person must prove that their injuries were caused by the property owner’s negligence. Property owners must take ‘reasonable steps’ to protect individuals from harm.
The danger was obvious to a reasonable person. The open and obvious doctrine can deflect liability when accidents and injuries are caused by a known hazard. Individuals visiting a property have a duty of care to avoid obvious dangers. The open and obvious defense would fail if building code violations are discovered that led to the accident.
A slip and fall defendant is liable if:
- they knew or should have known about the dangerous condition.
- they are responsible either by causing the hazard or not fixing it in time.
- they had reasonable time to fix the condition or set up barriers preventing access to it.
Consult with an experienced slip and fall accident attorney. If you have been injured in a slip and fall accident, it is extremely important that you sit down with an attorney to discuss your legal rights. The sooner you do this the better. Important evidence (such as photos and video surveillance footage) must be obtained quickly to ensure the best possible outcome in your case.
As experienced Miami slip and fall accident lawyers, we understand Florida’s slip-and-fall laws and how to hold businesses accountable for our client’s injuries, lost wages, medical expenses and pain and suffering. If you have suffered a slip and fall at a grocery store, restaurant or retail store in Miami, Fort Lauderdale, Palm Beach, The Keys or anywhere in the State of Florida it is critically important for you to consult with an experienced Personal Injury Lawyer who will fight to protect your legal rights. When selecting a lawyer- ask them about their qualifications and experience in claims against grocery stores, retailers, and restaurants. Spencer Aronfeld is a Board-Certified Trial Lawyer and our firm, Aronfeld Trial Lawyers has successfully represented people and their families in slip and fall claims across the country since 1991. Call us today for a free initial consultation 1-866-597-4529 or email [email protected] and speak with an experienced slip and fall lawyer about your potential claim.