Slip and fall injuries can happen anywhere. Private and business property owners are both legally responsible for ensuring that their property is free from any kind of dangerous or hazardous conditions. Residential property owners must take reasonable precautions to prevent any visitors from harm when choosing to allow guests onto the premises.
Slip and fall accidents can result in catastrophic and permanent injuries. In many slip and fall situations, the accident could have been avoided if the property owner fulfilled their duty of care. In this case, you may be able to move forward with a civil action against the negligent party to recover the cost of your damages.
Slip and Fall Accidents Can Result in Serious Injuries
The Centers for Disease Control and Prevention states that one-fifth of all falls result in a serious injury, oftentimes needing immediate medical attention.
Some of the injuries a victim may suffer as a result of a slip and fall may include:
- Traumatic brain injuries
- Fractured or broken bones
- Internal organ damage
- Internal bleeding
Depending on the age and health of the victim, some injuries related to slip and fall accidents may be permanent or cause life-long disabilities. According to the Journal of Injury and Violence Research, falls are the leading cause of hospitalizations for adults over the age of 65. This trauma can then cause reduced physical fitness, limited mobility, extensive bed rest, and social isolation.
If you or a loved one was injured as a result of a slip and fall accident, you have the right to pursue compensation for your accident-related expenses. By working with a lawyer, you can focus on your health while they go to work establishing that negligence caused your condition.
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Proving a Slip and Fall Case
If your slip and fall injuries occurred as the direct result of someone else’s negligence, your legal team will need to prove that four elements were present in your situation.
- The property owner had a duty of care by accepting visitors onto the premises
- The property owner violated this duty by not taking action to remedy a potential hazard or reasonably should have known that one existed
- As a result, a visitor slipped and fell
- Because of this accident, the visitor suffered quantifiable damages that resulted in financial losses
No matter where you fell, you have the right to seek financial recovery for your damages.
Invitee, Licensee, and Trespasser
Per Florida Statute §768.075, not all property owners have a responsibility for the injuries or losses resulting from an accident. For the most part, a property owner only has to compensate victims following a slip and fall accident if they were legally allowed to be on the premises. There are three different types of visitors to a property with varying levels of responsibility owed to them.
If a victim of a slip and fall accident was on a property owned by a business, they are considered to be invitees under the law. This could be a restaurant, grocery store, or any other business establishment.
Business property owners have a high level of duty of care to invitees to ensure that they remain safe and free from hazardous conditions on the property. If owners fail to warn invitees of a dangerous condition or fail to remove a hazard that they have knowledge of (or should have had knowledge of), they could be responsible for compensating the victim for any medical bills, lost wages, and pain and suffering.
If a person is invited over to another person’s home (usually for non-commercial purposes), they are legally considered to be a licensee. These personal and residential property owners also have a high duty of care owed to their guests, just as business owners have a responsibility to invitees.
If a person illegally trespasses onto either personal or business property, they are owed no duty of care. However, some situations may make property owners responsible for their injuries. For example, if a trespasser entered someone’s property and was injured by gross negligence or intentional misconduct, the property owner may be found liable for the ensuing damages. A lawyer can provide more insight into individual situations and circumstances.
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If you suffered any injuries related to a slip and fall accident either on business or residential property, you do not have to go through the legal process alone. Chalik & Chalik Injury Lawyers work on behalf of claimants who have been injured through another party’s negligence. When you work with us, we can investigate the details of your accident, negotiate for a fair settlement on your behalf, and take your case to court, if necessary.
We work on a contingency-fee-basis, meaning that we do not get paid unless we are able to secure a financial recovery for you. To get started with a free case review, call us today at (855) 529-0269.
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