Proving Fault in a Slip and Fall Accident
Who is at fault when you slip and fall? Have you given it much thought? Sure, if you fall in a store, the responsibility would be quite obvious, but is that really true? Thousands of people are injured every single year in the state of Florida, and especially in Miami. However, in certain situations the owner of the property could be potentially found at fault, but in certain situations they may not be. Here are some of the considerations that you need to take into account:
Not Always Responsible
The first thing that you need to understand is that it’s quite normal for certain things to fall on the ground. Certain drippings for instance. As well, certain items might be encountered on the ground where they belong. Therefore, tripping on something of the kind could mean that you wouldn’t be able to blame the owner of the property. This is only logical, when you come to think of it.
Of course, that’s not always the case. In some situations, you would be fully capable of claiming the damages that you’ve encountered, as the owner is clearly liable. Let’s say that he’s got the floor wet when he cleaned it, and you slipped on the surface, hitting your head and sustaining significant injuries. It’s obvious that the owner would be liable as he hadn’t warned the people who moved through his premise that there is a potential danger. This is something that you should consider.
Determining the Liability
In order to find someone liable for such an accident, there are a few things that you need to be looking out for. Right off the bat, some of the following needs to be actually true:
- The owner of the premise or an employee needs to have known about the danger that the slippery surface produced.
- The owner of the premise or an employee needs to have known about the danger and he didn’t do anything about it.
- The owner of the premise or an employee must have been responsible for the danger.
In any case, these are key aspects that you would have to consider. Keep in mind that negligence needs to be involved, as you can see from the aforementioned. They involve a certain extent of reasonability. But the law skews the focus towards the attempt of the owner to take the necessary precautions in the situations. This is to ensure the safety of the people on his premise. However, if proper boards and warning signs are posted, and still you slip and fall, the owner of the premise might not be liable.
Working with a personal injury attorney in Miami, after you’ve been involved in such an accident, could potentially allow you to get the compensation that you are legally entitled to. It is important to contact an attorney as quickly as possible after the accident as the Statute of Limitations might be short.