Jason Deitch is the owner of I-Need-a-Personal-Injury-Lawyer.com, a Boca Raton, Florida-based service that helps clients select the best personal injury lawyer for their case. Here, Deitch discusses how to determine who should be held responsible in a slip and fall accident.
“Slip and fall” accidents are considered personal injury cases, and can be caused by any obstruction on a floor or pathway that causes you to skid or trip, such as uncovered holes, a wet surface, or another barrier. These obstructions can be either permanent or temporary. When filing for damages in a slip and fall incident, you have to prove:
1. That prior to the accident the owner of the building or other property, prior to the accident had sufficient time to correct the error on the floor or surface and eliminate the hazard.
2. That the building or property owner had sufficient knowledge that those potential hazards existed, but did nothing to correct them.
Who Can Be Held Legally Responsible
Both the building or property owner and the person injured could be held responsible, based on their respective levels of negligence.
As a general principle of law in slip and fall cases, the court will establish degrees of responsibility arising from the incident and determine levels of “comparative negligence” on the part of the person injured in relation to the negligence on the part of the property owner. By doing this, the court establishes the degree of responsibility that the property owner has exercised to ensure safety on his premises, in direct proportion to the responsibility of the injured to be mindful of where he is going and what he is stepping on.
When comparative negligence has been determined by the court, the court will decide on the percentage of accountability for both the injured and the property owner, which will become the basis of determining payment for damages.
Anyone who was involved in a slip and fall accident, or had an immediate family member involved, should consult a qualified Florida personal injury attorney with a proven track record of handling slip and fall accidents. I-Need-a-Personal-Injury-Lawyer.com can help you find that attorney.
“Talk to my Lawyer”
In a slip and fall accident, as in all other personal injury cases in which insurance is an issue, it is best to direct the insurance adjuster to your lawyer. Your lawyer should handle questions the insurance adjuster may have. He has the expertise to handle issues that, when left to you to discuss with an adjuster, may become impact your best interests.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article create an attorney-client relationship.
