According to the National Floor Safety Institute (NFSI) falls account for over 8 million hospital emergency room visits, which represents the leading cause of trips to the ER (21.3%). NFSI estimates that “slips and falls” are responsible for over 1 million visits, or 12% of total falls. Falls which result from slipping can result in minor and serious injuries. When someone falls in a public place because of a hazardous condition, they may be entitled to compensation for their injuries. Here is what you need to know about slip and fall injuries in Florida:
When a person or entity owns property, they are responsible for ensuring that it is reasonably safe for other people. When a visitor is injured on the premises due to the owner’s negligence, they can seek to hold the owner accountable and pursue damages. This type of personal injury claim is under an area of the law known as "premises liability," and it applies to private business, governmental entities, and individual property owners.
Types of Slip and Fall Accidents
One of the most common examples which come to mind when you think of a slip and fall accident is an unsuspecting customer slipping on liquid or another substance which has not been cleaned up by staff. A person could also fall due to debris being left where they could not see it, an uneven sidewalk or because of poor lighting conditions. There could also be damaged carpeting and flooring or unrepaired holes which could cause someone to lose their footing and trip. It is commonly believed that if you fall and are injured in a store or other business due to a hazardous condition the store owner will be automatically liable. However, that is not always the case.
Property Owner Duties
Generally, a property or business owner has a responsibility to keep their property in a safe condition. They must also look for hazards and dangerous conditions and repair them if they are present. If they are aware that something is unsafe, they have a duty to warn people about the danger. A property owners duties will vary according to the type of visitor to their premises.
Establishing Premises Liability for a Fall
Someone claiming a slip and fall due to a foreign substance must demonstrate that the owner had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. This responsibility is ordinarily viewed from a perspective of what would be reasonable to expect the owner to do under the circumstances.
Determining negligence in a slip and fall case is dependent on several factors. If you or someone visiting you has been injured due to a fall, it would be advisable to consult with a personal injury attorney to evaluate your case. At the Draper Firm, we have knowledgeable and experienced personal injury attorneys who understand the issues which arise when a person is injured due to premises liability. We are here for you and can help. Contact us today to schedule a free consultation.