There are many factors that can impact who is liable for a slip and fall case, which can make identifying those responsible quite complicated. Without the representation of an experienced injury lawyer, this can be a virtually impossible task to handle on your own. If you have questions relating to who may be held responsible for your slip and fall injury, call Chalik & Chalik Injury Lawyers at (855) 529-0269 for a case evaluation.
Multiple Parties May Be Liable for Your Injury
Determining who is liable for a slip and fall case can be complicated for many reasons. Often, there are multiple contributing individuals or groups who may be connected to a single negligence offense. Florida law does not limit the number of defendants who may be joined into a single lawsuit for negligence (Statute §768.81). Thus, any given slip and fall lawsuit in Florida could have a theoretically unlimited list of defendants.
In addition, more defendants may join the lawsuit from any time after the suit begins up until trial. This type of action is called joinder. Courts are inclined to grant requests to allow additional parties to join a lawsuit because it would be extremely inefficient to hold a separate trial for each defendant for a single cause of action.
So, it is possible that a case that begins with a relatively shortlist with a few defendants could increase to a much larger number of defendants as the investigation into the case progress.
To complicate matters further, each party will likely have a unique relationship to the cause of action. To demonstrate each defendant’s liability, each defendant’s connection to the misconduct in question must be individually proven by the plaintiff.
Even if there are multiple parties found to be liable, Florida allows a plaintiff to recover the entire amount of any compensation awarded from one defendant, and that the defendant may seek contribution for any percentage of which other defendants are found to be at fault.
If you are unsure of who may liable for your slip and fall injury, call Chalik & Chalik Injury Lawyers at 855-529-0269 for a free and confidential consultation.
We Will Identify Everyone Who Contributed to Your Injury
We will identify everyone who contributed to your injury and see that they pay their share of your recovery costs. This may include:
- Business owners
- Liability insurers
- Property owners
- Property managers
- Government agencies
- Government officials
At Chalik & Chalik Injury Lawyers, we are familiar with the various legal theories under which you may pursue recovery from every party who contributed to your injury.
How the Concept of Vicarious Liability Can Impact Your Case
A theory that is commonly used to connect an employer with the tortious acts of an employee is called respondeat superior, or vicarious liability (Florida Statute §440.11). This theory dictates that if an employee commits a tort while acting within the scope of their employment, the offender’s employer may also be held liable.
For example, if you entered a restaurant in Florida and slipped and fell after stepping in a puddle in the dining area, it is conceivable that the restaurant manager on shift could potentially be held liable. Under the theory of respondeat superior, the owner of the restaurant and the restaurant’s liability insurer could also be joined as defendants.
In Florida, you may still recover compensation for a slip and fall accident even if a jury finds that you were partially at fault for causing your own injury. Florida has adopted a pure comparative fault rule. Pure comparative fault is applied by subtracting any percentage of fault to which a jury has found you to have caused your own injury, from the amount of your recovery.
For example, if the value of a plaintiff’s injury-related losses is determined to be $10,000, and the jury finds that the plaintiff to be 10% at fault for their own injuries, the plaintiff will recover $9,000.
Let us take the guesswork out of determining who is liable for a slip and fall injury in Florida. We represent slip and fall clients on a contingency basis. There are no upfront fees, and you don’t pay us unless we recover compensation for you. Contact Chalik & Chalik Injury Lawyers at (855) 529-0269 immediately after a slip and fall to learn more.
For a free legal consultation, call (855) 529-0269