Slip and fall accidents are among the most common causes of personal injury across the country; millions of people are victims of these accidents.
Slip and falls can occur anywhere: the grocery store, work, a restaurant or the mall. Wherever they take place, owners of the property may be held responsible for failing to keep their property free from hazards that cause patrons to slip and fall.
The term “slip and fall action” simply refers to a type of personal injury claim filed by a slip and fall victim against the owner of the property where the accident took place.
Premises Liability Applies
Slip and fall accidents rest under the umbrella of premises liability. Premises liability holds a property owner responsible for keeping his or her property fit for use by others. This involves keeping slip and fall hazards in check or marking them with the proper warning signs or removing the danger.
Premises liability cases, including slip and falls, require that a victim be able to prove that the property owner was negligent and that this inattention directly caused the accident.
For example, if a grocery store fails to mark where water has spilled in an aisle, and someone falls and is injured, the store’s negligence has caused the accident. The victim could file a slip and fall action for compensation.
On the other hand, if a victim’s injuries cannot be connected to another’s negligence, there may not be just cause to file for compensation. This is especially true if a victim is trespassing when the accident occurs.
Slip and Fall Comparative Fault
The degree of responsibility that a property owner has for a slip and fall accident most often depends on who the victim is. If the victim was an invited visitor on the property, the property owner holds more responsibility for the accident. However, if the victim was a trespasser, the property owner is less likely to be found responsible for any injuries.
Florida is categorized as a “comparative fault” state. This means that a plaintiff’s compensation in a case can be adjusted depending on whether or not he or she was partially responsible.
For example, if a plaintiff is determined to have been 25% responsible for the slip and fall, he or she will be required to pay 25% of the damages.
If you’ve been injured in a slip and fall or other premises liability accident, let the experienced attorneys at Lorenzo & Lorenzo guide you through your case. We understand the ins and outs of slip and fall action and can help negotiate if negligence is in question. Contact us today for a free consultation.
