Slip and Fall Cases
Slip and Fall Facts: When you slip and fall on someone else’s property and suffer injuries that require medical attention, you may be entitled to receive compensation. Slip and fall incidents are common, particularly in restaurants, and commercial properties where there are many risks and tripping hazards. Some potential slip and fall hazards might include failure to clean up spilled liquids, poor lighting, debris on the floors and in walkways, and holes in carpets or rugs.
Duty of Care
In Florida law, commercial property owners owe a duty of care to their customers, as they are considered business invitees allowed to be on the owner’s property during the regular course of business.
Commercial property owners must act reasonably to protect invitees from ascertainable dangers like by warning customers or cleaning up the spill as quickly as possible. Without proper signage like a “wet floor” sign to warn customers about things like a slippery floor, you can argue that the owner was negligent.
Burden of Proof
The claimant or individual filing the claim has the burden of proof and must establish that the slip and fall was a result of negligence. This requires the injured party to prove that the commercial property owner knew or should have known about the hazard that caused the slip and fall and failed to take reasonable steps to resolve the issue.
Compensation for injuries resulting in a slip and fall incident as a result of property owner’s negligence include medical expenses, loss of wages, and pain and suffering.
The damages you receive in a slip and fall incident may be reduced if it is determined that your contributed to your fall.
In Florida, courts use the pure comparative negligence rule to determine what percentage you are at fault if any. When the amount of damages has been decided (i.e., $10,000), but the court finds you 30 percent at fault and the commercial owner 70 percent, you are entitled to $7,000 worth of damages.
The statute of limitations with slip and fall injury claims is within 4 years of the incident. Don’t delay. If you or someone you know has been injured in a slip and fall incident on the property of another, it is best to speak to a Personal Injury Attorney right away to receive compensation for injuries sustained.