The Basics of a Slip and Fall Case
Bill Allen | October 16, 2019 | Slip & Fall Accidents
Accidents happen every day. However, when an accident or injury is caused by someone else’s carelessness or negligence, there may be legal fault. The biggest factor when it comes to slip and fall cases is liability.
What to Do If You Are Injured
If you or a loved one have suffered an injury in a slip and fall accident, it is important to know what to do next. The first step after you are injured and have received medical treatment is to contact a trusted and experienced attorney. Just call Allen Law Firm. They will work tirelessly for you to ensure you receive everything you deserve in your case.
In order for someone to be liable for your injuries, they must have a legal responsibility (or duty of care) for your safety on the premises.
In order to be liable for damages in a slip and fall case, a property owner, the owner’s agent, or an employee must have failed to act as a reasonably prudent person would have acted under similar circumstances. In order to have failed to act, there must be notice or awareness of the condition that caused the injury.
Conditions such as poor lighting, limited visibility, lack of compliance with company policy, and a lack of reasonable justification are all factors that contribute to the determination of negligence in a slip and fall case. Your attorney will have the burden of proving that the liable party could have taken action that would have prevented the accident but failed to do so. They will also have to prove that the landlord or businessowner failed to take preventative measures.
Duty of Care
In Florida, professionals have what is known as a duty of care. Duty of care is the concept of legal responsibility. For example, if there is a spill on the ground, a business is expected to clean the spill or indicate a warning that there is a risk of slip and fall. Failure to do so will result in a breach of duty, causing the owner to be liable for failing to act in a reasonable manner to prevent harm to its customers. It will be your attorney’s job to establish that a breach of duty has occurred due to the action or inaction of the business.
Your attorney will have to show that the defendant had a duty of care toward you, that they committed a breach of duty through negligence or intent, that you experienced harm or injury, and that the cause of the injury was the breach of duty in question.
Having an experienced and professional attorney on your side is important. If you or a loved one were involved in a slip and fall accident, contact the Ocala personal injury attorneys at Allen Law Firm today. Be sure to look for an attorney who is licensed and in good standing. Look for an experienced, professional lawyer who discusses specific, realistic resolutions of the case with you. Allen Law Firm’s team of personal injury lawyers are trained professionals there to make sure that justice is done.