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Each year thousands of people are injured due to the negligence of a property owner or management in slip and fall accidents; they happen and some, unfortunately, result in an injury. You didn’t just fall; you fell because property owners or management didn’t follow through with their legal duty to keep you safe. You may wonder if you can get legal recourse and the answer is yes depending on key factors.

Liability. Regardless if you are pursuing a settlement or lawsuit you need to prove the property owner or management was legally responsible for your slip and fall and answer: 1.) Who are the liable parties? And 2.) Did these parties engage in negligence and were they careless? Did they cause you to slip and fall and could this have been prevented?

Proving your Slip and Fall case

Marcos Gonzalez has many years of experience with slip and fall cases and he knows exactly what to look for to build a strong case. You could end up with a financial burden due to medical bills and suffer other losses due to someone else’s negligence. Let me help you fight this the right way. I have solutions to proving that another party is responsible for your injuries and we will seek to answer the following questions about the liable parties to prove your case:

Property Owners & Dangerous conditions

Property owners should be proactive in keeping their property safe and free from dangerous conditions so nobody gets injured. However when property owners fail to follow through with unsafe conditions and somebody gets injured, negligence is questioned.

  • Could the property owner have removed or repaired the potential hazardous area; such as uneven surfaces, wet floors, spills, potholes
  • Was there a reason for the dangerous area and could they have made it safer such as obstacles in the way that caused the slip and fall
  • Were warning signs posted to help prevent a hazardous situation such as “caution wet floor”
  • And did the management or owner have ample time to remedy the potential danger before someone was injured and chose not to.

Was the Property Owner Liable and in Violation of the Law?

If you are pursuing a slip and fall lawsuit or settlement you have to prove the property owner or management acted with negligence therefore is liable for the damages caused by your slip and fall. The owner must have failed to act reasonable leading up to the accident. For instance:

  • Could someone at the entity fix the dangerous area? Such as cleaning up spills at a grocery store, placing signs to warn their customers, employees or tenants, could they have redirected the hazardous area?
  • Were building codes and normal policy and proceeds followed? And if so was it logged in a maintenance report?
  • Was there a reason for the area to be dangerous and can it be justified?

Comparative Negligence

When filing a lawsuit or trying to seek a settlement for your personal injuries that occurred in your slip and fall, insurance companies or the property owner will try to argue you the plaintiff share partial blame for the accident, this is called comparative negligence.

If this is the case and you are found partially at fault, in Florida State, the jury will reduce your damage award by a percentage that is equal to your liability of the accident. For example, if the damage award were $10,000 but the jury found you 10% liable for the slip and fall- you would only collect $9,000.

The property owner or management might try to argue;

  • Were you paying attention to where you were walking
  • Were you in an area that was prohibited for tenant, employees, or customers?
  • Was the area zoned off and was there signage but the plaintiff ignored it?

The opposing counsel will try to prove the plaintiff acted with carelessness that resulted in their slip and fall and if this is the case, winning the full award for damages is unlikely.

How much is my case worth?

Slip and fall accidents don’t just happen at work. They can happen at a place of business, an Airbnb home you rented, the apartment building you reside at or on the street.

Marcos Gonzalez can help you if you are a victim in a slip and fall accident. We are experienced lawyers who are well versed in slip and fall lawsuits as well as other personal injury lawsuit such as car accidents and work injuries. You could be compensated for injuries that you have endured but there are many factors that go into it depending on your injuries and circumstances, contact us today for a free evaluation at 1-800-487-8315.