Slip and Fall Injury

The term slip-and-fall is used to cover a variety of accidents. Generally, a slip-and-fall happens any time a person loses their footing, falls, and is injured on another person’s property. There are several types of slip-and-fall accidents: Trip-and-fall, where a person falls over an object in their path or an uneven surface; Step-and-fall, where the fall is caused by a hole or a low spot in the path; Slip-and-fall, where a slippery liquid or object causes the fall.

People are injured in falls every day, but only some injuries are the fault of another. Under Florida premises liability law, a landowner or business must keep their property in a reasonably safe condition for customers or guests.  If the owner or manager knows or should know that some part of the property is not safe, the problem must be fixed quickly.

If the problem isn’t fixed, and a person falls and is injured as a result, the owner or manager of the property may be responsible for the injury. This is called negligence, and the injured person may have a claim for damages. In a Florida slip-and-fall case, an injured person needs to prove three things to the court:

1. The property owner or business owed a duty of care to the injured person.

2. The property owner or business didn’t use reasonable care in maintaining or operating the property.

3. Because the property owner or business didn’t use reasonable care, a person was injured.

A Florida slip-and-fall case must be filed within four years of the date of the injury. After four years, the statute of limitations runs out, and the injured person is barred from legal action.

It can be difficult to determine fault in an accident. A store may be owned and operated by the same person, while a shopping mall may have multiple owners and businesses on the same property. Several parties may share responsibility to an injured shopper.

It is important that every potentially liable owner or business is included in a case. In Florida, each defendant is only required to pay for its share of the injury. If your case does not name each responsible party, the injured party may not be able to get full payment. A personal injury attorney makes sure to identify each potential defendant, and include them as defendants in the case.

In Florida, slip-and-fall cases typically involve a legal concept called ‘comparative negligence.’ The court compares the fault of the injured person to the fault of the landowner or business, and determines who was most at fault. In some cases, a truly careless person may not win a case even if there was danger on the property.

If you or someone you know has suffered a slip-and-fall injury caused by the negligence or carelessness of another, contact Michael Todd Rebuck, P.A. today. We will provide you with a free evaluation and consultation.