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PLEASE NOTE: Due to the recent effects of the COVID-19, we are offering clients and prospective clients the ability to meet with us via in-person, telephone and/or video conferencing. It is important to us to continue to assist you in any way we can. Please do not hesitate to call our office and let our family help yours.

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  4.  » Who is to blame for your trip-and-fall accident?

Who is to blame for your trip-and-fall accident?

Accidents happen all the time, but if you fell and suffered injuries due to factors beyond your control, who is to blame? You may believe that you suffered because of unnecessary dangers or unmarked hazards, but identifying who is liable for accidents on either public or private property in Florida can be a difficult task. In order for you to claim compensation for a trip-and-fall or slip-and-fall accident, you must clearly prove that another person or party is to blame.

Potential liable parties

If you fell on private property, it is reasonable to assume that the property owner is either wholly or partially responsible for what you suffered. Owners of privately held property, whether it is a place of business or a residence, are responsible for warning visitors of potential dangers or fixing the dangerous issue.

Negligent maintenance, negligent security, unnecessary hazards and other dangers may be to blame for accidents on public property. The government agencies or company responsible for property maintenance could be liable parties in a premises liability claim.

Proving negligence and clearly establishing liability

In order for a person or party to be liable for the injuries you suffered in a fall, the evidence presented must prove that the property owner failed to address hazards within a reasonable amount of time. The answers to the following questions will determine if you have a strong case:

  • Did the property owner have a reasonable amount of time to fix the problem?
  • Did the property owner, manager or an employee directly cause the hazard?
  • Does the property owner or manager routinely check for potential hazards?
  • Were there signs or warnings that potential hazards were in the area?
  • Was poor lighting or visibility a factor in your accident?

While visitors are responsible for being reasonably careful for their own health and safety while on public or private property, you should not have to suffer physically or financially because a property owner failed in his or her duty of property maintenance.

Fighting for a full and fair recovery

The property owner and his or her insurance provider will work hard to prove that you are at least partially to blame in order to limit their financial liability. You have the right to fight back and push for the full amount of compensation you deserve for medical bills and other expenses, whether it is in settlement negotiations or in court.

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