If you’ve been involved in a slip and fall accident,
you might be wondering how exactly to prove fault. Proving fault can be
complicated since several factors come into play when determining liability. If
the accident occurred on someone else’s property, it’s important that one of
the following is true:
1. The
owner of the property or an employee must have caused the spill or whatever led
to the slip and fall
2. The
owner of the property or an employee must have known about the dangerous
surface and done nothing to fix it
3. The
owner of the property or an employee technically should have been aware of the
dangerous surface because a “reasonable” person would have taken care of the
premises properly and ensured safety
Determining what makes a property owner “reasonable”
can be more difficult. The law states that the owner must check on the property
regularly and thoroughly in order to keep the property safe. Of course, the
victim must take their own carelessness into consideration in case the property
owner tries to fight the case. There are a few questions that can be asked in
order to figure out if the property owner is responsible:
1. Was
the dangerous spot that caused the accident there long enough that the owner
should have known about it?
2. Is
there a regular procedure the property owner abides by when it comes to
checking for damage and repairing it when necessary? If so, is there proof?
3. If
the accident was caused by an object someone placed or left on the floor/ground,
was there a legitimate reason for the object to have been left there?
4. If
there was a good reason for the object to be there but the reason no longer
exists, could the object have been removed to avoid an accident?
5. Could
the object have been put in another location that could have avoided the
accident?
6. Could
a warning (i.e. “Caution: wet floor”) have been put up to prevent a slip and
fall accident?
7. Was
the accident due in part to poor or broken lighting?
When
asking these questions, if one or more of them come out in the victims favor
–they usually have a good case for compensation.
You also want to consider your own carelessness when
it comes to slip and fall cases. There are rules that compare negligence and
help measure your own reasonableness. The following are questions you should
ask yourself before filing your claim:
1. Was
there a reason for you to be in the area where the accident occurred?
2. If
you were more careful could you have avoided the accident?
3. Were
you distracted?
These are all questions that will be asked of you if
you decide to file a claim and get compensated for your injuries and damage and
it’s good to be prepared and know exactly how to answer these questions.
If you or someone you know has been injured in a car
accident in Miami, Fort Lauderdale, West Palm Beach, Naples, Ocala, Orlando,
Tampa, Gainesville, Jacksonville, Tallahassee, Ft. Myers or any other city
in Florida –remember after 911, call 411! 1-800-411-PAIN can put
you in touch with an experienced, aggressive network attorney who will fight
for your rights and get the maximum compensation you deserve. Don’t forget to
follow 411 PAIN on Twitter (@411PAIN) and keep up with the
conversation at #411PAIN!
