CORAL SPRINGS SLIP AND FALL LAWYERS
CORAL SPRINGS SLIP AND FALL LAWYERS
Were You In A Slip And Fall Accident In Coral Springs?
Slip and fall injuries can be devastating, and they are the leading cause of emergency visits in Florida. Every year, hundreds of patients are admitted to the hospitals due to slip and fall injuries.
If you or your loved one has sustained serious injuries in a slip and fall accident on someone else’s property, then you need to contact an experienced Coral Springs slip and fall lawyer to file a personal injury lawsuit.
Determining the Liability in Coral Springs Slip and Fall Cases
A person who gets seriously injured in a slip and fall accident can file a personal injury lawsuit against the guilty party. The owner of the property where the slip and fall accident occurred is legally liable to compensate the victim for the injuries.
However, determining fault in slip and fall accident cases is difficult. The three main considerations that determine who is responsible for a slip and fall accident case include the following.
- Who owns the property or responsible for the maintenance of the property?
- How the liable party contributed to the accident?
- Did the injured act carelessly that resulted in the accident?
Determining fault in a slip and fall accident requires considering a number of factors. Here are some of the factors that determine liability in a slip and fall accident case.
Dangerous Conditions Causing Slip And Fall Accidents in Coral Springs
Property owners will be liable for an accident when a victim gets injured due to unreasonably dangerous condition within the premises. The property owner that had neglected to remove potential hazards that could result in foreseeable harm will be held liable for the personal injury.
The premises can be public space, private residence, or business property. The victim will be entitled to compensation from the guilty party if the property owner that had a duty to care, but acted negligently in keeping the place safe.
Fall Injuries Directly Related to Dangerous Conditions
To determine the liability of the property owner in a slip and fall accident case, the victim should have been injured as a result of the dangerous conditions. The property owner will not be liable for an injury that is not the direct result of a dangerous condition within the property.
For instance, if the victim had fallen down the stairs that were in good condition, the property owner will not be held accountable for the injury even if a dangerous condition such as loose flooring was present at the property.
Slip And Fall Strict Liability Law
Under the Florida strict liability law, the victim does not have to prove negligence or disregard of the duty to care in certain cases. If the dangerous condition existed due to building code violations, the property owner will be automatically liable for the injuries.
Who is Responsible For Slip And Fall Accidents in Coral Springs
The judge and jurors will look at the evidence surrounding the case to determine whether the property owner or renter had taken ‘reasonable’ steps to keep the property safe.
Some of the situations where a property owner or party responsible for maintaining the property will be held liable for the accident include the following.
- The victim had slipped on a wet floor or tripped over broken, torn, loose, or bulging area of the floor or carpet
- The property owner must have known – or should have reasonably known – about the dangerous condition.
- The property owner did not carry out regular maintenance and cleaning of the property
- The property owner could have prevented the accident without great expenses or inconvenience
In any of the above situations, the property owner will be held accountable for being negligent in keeping the premises safe. But any carelessness on part of the victim can significantly affect the outcome of the case.
Slip and Fall Comparative Negligence Rule
As per the comparative negligence rule in Florida, the compensation amount will be reduced in case the victim is found to have contributed in any way to the accident.
For instance, if the victim is 20 percent responsible for the slip and fall accident, and the compensation awarded to the victim amounts to $100,000, the victim will receive $80,000 due to having some part in the accident.
In contrast, some states such as Kentucky and Indiana have contributory negligence rule. Under this rule, the victim will not receive anything if found to have contributed to the accident in some way. This contrasts with Florida slip and fall accident law where the victim’s compensation is reduced only by the percentage of contribution to the slip and fall accident.
Types of Compensatory Damages in Slip and Fall Accident in Coral Springs
The judge awards general compensatory damages in most successful slip and fall cases. The awards compensate the victims for both the monetary losses incurred due to the accident. The aim of the award is to lessen the financial burden on the victim. The generally compensatory damages cover the following.
- Lawyer fees
- Medical expenses
- Cost of future medical services
- Lost wages
Apart from the general compensatory damages, a judge may also award special compensatory damage in certain cases. The special compensation is awarded to compensate the victim for non-monetary damages such as:
- Mental suffering
- Loss of companionship
- Summing it All Up
To prove fault in a slip and fall accident case, the victim has to determine that the injuries happened on the property of the defendant and the owner of the property or renter had the legal responsibility to keep the premises safe.
Moreover, the victim also has to show that he or she had the legal right to be on the property. In other words, the victim should not be a trespasser otherwise the guilty party won’t be held accountable for unsafe conditions that resulted in the injury.
Proving a slip and fall accident case is not an easy walk in the park. Many factors determine the liability of the injury.
You should hire a competent Coral Springs slip and fall attorney to represent your case in the court. An experienced Coral Spring personal injury attorney will review the case and inform you about the legal options to make a claim.