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A person who has suffered injuries from a slip and fall accident may face costly medical expenses, rehabilitation costs, physical pain and suffering, and the inability to work. Victims of such injuries are entitled to pursue monetary compensation by filing a personal injury lawsuit if the accident was caused by a hazard that should have been detected and corrected by a property owner, employer, or manager.
Before a victim can receive monetary compensation for their injuries, they must be able to prove legal liability and negligence. It is important to remember that property owners and employers often work diligently to cover up their errors if a person suffers injuries. For this reason, victims should not begin the legal process without the proper guidance. Our Fort Lauderdale slip and fall attorneys can help.
Common Causes of Slip and Fall Accidents
Many of the following conditions result in serious slip and fall accidents:
- Broken or corroded sidewalks and other uneven walking paths and surfaces
- Obstacles left unmarked, such as curbs, steps, and extension cords
- Slippery or wet surfaces caused by leaks or spills
- Improperly maintained sections of property, including potholes in parking lots
- Stairs or steps without handrails
Common Injuries Caused by Slip and Falls
Often, those who experience slip and fall accidents suffer from one or more of the following:
- Fractured or broken bones
- Dislocated joints
- Traumatic brain injuries
- Mild brain injuries
- Neck injuries
- Back injuries
When Can the Property Owner Be Held Liable?
Property owners can only be held liable if a guest was an invitee. Therefore, they cannot be held responsible for a trespasser’s injuries. According to the premises liability laws of Florida, property owners must keep their property in relatively safe conditions that are free of hazards to those who are invited to visit the property. If an owner detects a problem or should have known about a potentially dangerous issue, they must take immediate action and correct the hazard.
If the potential hazard cannot be fixed right away, the property owner must provide warning to bring attention to the area so that individuals can avoid the danger. If the owner fails to abide by the standards outlined by premises liability laws, he or she can be held liable for a person’s injuries.
Proving the Four Elements of Negligence
After a victim has determined that the owner should be held responsible for his or her injuries, he or she must next establish the following four elements of negligence:
- Duty of Care: The owner of the property had a duty to his or her guests to maintain a hazard and danger free premises to prevent individuals from sustaining injuries.
- Breach of Duty: The owner of the property breached his or her duty of care and allowed the dangerous condition or issue to exist or continue existing on the property.
- Causation: The dangerous condition caused the slip and fall accident, which caused the victim to suffer injuries.
- Damages: The victim suffered measurable harm and damages, such as medical bills, lost wages, and more.
Often, we notice that the most challenging part of such personal injury cases is proving that the property owner detected or should have already detected the dangerous condition.
At Kelley | Uustal, our team of Fort Lauderdale personal injury lawyers has experience handling many of these types of cases, and we have the knowledge to prove liability for you.
What Do I Do After a Slip and Fall Accident?
There are crucial steps you should take immediately following a slip and fall accident in order to preserve your rights granted under premises liability law. Below is a list of the appropriate steps to take.
- Collect contact information from witnesses: Be sure to obtain names, contact information, and any photos of the incident that witnesses may have taken of your fall.
- Contact a Fort Lauderdale slip and fall attorney right away: Many businesses and insurance companies will assume that slip and fall accident claims have been exaggerated or are completely false, often causing them to deter the victim from filing a lawsuit against the responsible party. Your attorney will have more experience in handling such claims and can help you obtain video footage, maintenance records, statements from employees, medical proof, and more.
- Alert the manager and property owner about the accident: Be sure to obtain his or her contact information and name.
- Seek medical attention right away: It is imperative to seek medical attention as soon as possible. A physician can document your injuries, which can serve as proof of your injury claim.
Injured in a Slip and Fall Accident? Call Kelley | Uustal Now
If you were injured in a slip and fall accident and you believe another person should be held liable for your injuries, contact our Fort Lauderdale slip and fall accident lawyer right away. Our team is backed by the skills and knowledge to obtain a successful outcome for you. When you choose to work with our personal injury lawyers in Florida, we will fight for your rights and never back down to insurance companies.
Call Kelley | Uustal today! We are here to safeguard your future.