Responsibility in a slip and fall case

Responsibility in a slip and fall case

On Behalf of | Sep 21, 2021 | Personal injury |

Slip and fall accidents happen all too often in Florida. Those who are injured may seek legal remedies against the person they believe to be responsible for the accident. This is not always easy as slip and fall cases can be difficult to prove. However, meeting the legal test may entitle you to financial compensation.

The legal standard of a slip and fall

Property owners are not automatically responsible when someone else falls on their premises. Instead, the test of negligence that governs every personal injury case will apply here. In a slip and fall case, that test is whether the defendant acted unreasonably under the circumstances. For the property owner to be legally responsible, they would have either needed to create the dangerous condition themselves or have failed to remedy a dangerous condition on their property within a reasonable amount of time.

The responsible party for your injury

It is not always easy to know who is responsible for the maintenance of the property. In most cases, this is the property owner. However, there can be other people who have control over the property. For example, a store owner could be renting the property from the landlord, who has no control over what the lessee does.

Slip and fall cases take some investigation to figure out the responsible party and where to file an insurance claim. Then, it will take further effort to obtain the evidence necessary to prove the claim.

Property owners owe some degree of a duty of care to everyone who is on their property. If they breached that duty of care by doing something such as leaving an obstruction in a walking path, they might be made to pay damages for the injury that someone else suffered.