Proving Liability in Slip and Fall Accidents

Despite their unpredictability, accidents are a part of our everyday lives.  Unfortunately, they can result in catastrophic and sometimes fatal injuries.  However, if an accident is caused by another individual’s careless, negligent, or reckless behavior, it’s important to discuss these circumstances with an experienced Miami personal injury lawyer.  Doing so increases your chances of recovering compensation for damages, lost income, and medical expenses.  In southern Florida, many personal injury claims are attributed to slip and fall accidents.

Burden of Proof

Although many companies, individuals, and organizations take extra precautions to ensure that these types of accidents don’t occur on their property, they still happen, especially if there is evidence of negligence.  Regardless, the burden of proof where any liability is concerned rests on the shoulders of the injury victim or plaintiff and their personal injury lawyer.  In other words, you have to prove that the company, individual, or organization is liable for you injuries if you have any hope of winning your personal injury case and getting compensated for damages and any financial losses that occur.

Evaluating Your Case

The initial consultation with a Miami personal injury lawyer is all about evaluating your case and determining what it is worth.  In order to do this, the accident injury lawyer will have to determine:

  • Which parties are potentially responsible for the accident and your injuries?
  • Were they negligent and caused you to fall or did they fail to prevent the accident from happening?

Furthermore, your slip and fall lawyer must be able to defend you against any claim that you were partially responsible for causing the accident or contributing to your injuries. It is important to discuss the details before the claim is filed.

Proving Negligence in a Slip and Fall Case

Whenever a Miami personal injury lawyer is trying to build a slip and fall case for their client and prove that the defendant (property owner) was negligent, one of the following must be proved:

  • The owner of the property or an employee of the business didn’t recognize a dangerous or hazardous condition and failed to correct it even though there was ample time to do so before your accident occurred.
  • The owner of the property or an employee was responsible for the condition that caused you to fall and injure yourself such as not removing an obstacle from the path you were walking on.
  • The plaintiff (or injury victim) has to prove that they in no way caused their accident or contributed to it.

Slip and fall accidents are relatively common in the southern Florida region and in some instances, these cases can be extremely complex.  That’s why it is so important to sit down with an experienced Miami personal injury lawyer who will fight to get you what you deserve and to ensure that your rights to compensation are protected.

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