Although a slip and fall accident usually does not directly involve somebody else, it is often true that another individual or entity is legally liable. Grocery store owners may be liable if you slip on dropped food, and apartment building owners may be liable if the stairwell is unlit and you miss a broken step.
You may have recourse if you are injured because property owners or landlords act irresponsibly. If you fall and are hurt on someone else’s property, a Eustis slip and fall lawyer could assess the situation. A reliable personal injury attorney could determine if a property owner, store manager, or landlord must compensate you for the injuries they caused.
Slip and fall accidents can take any form and can occur anywhere. Because of the liability when visitors are harmed, property owners, store managers, and landlords usually protect themselves by warning people or quickly cleaning up slippery spills. Common slip and fall accidents can be caused by:
If a dangerous condition may take some time to repair, property owners can put up warning signs or cordon off the area as part of their duty to make it safe for visitors. If a visitor is injured because of an owner’s carelessness, a jury could award compensation for physical, financial, and emotional harm. Talk to a Eustis slip and fall attorney to learn if a situation includes the elements of negligence.
Slip and fall accidents are litigated as negligence cases when the defendant was careless, reckless, or acts intentionally. Negligence is proven when four elements have been met: the existence of a duty of care, a breach of duty, the breach caused injuries, and the injuries led to compensable damages. Property owners have a duty to provide safe premises for visitors; and if they do not, then they have breached that duty, and are responsible for the injuries that follow.
Evidence can help prove negligence. After a slip and fall incident in Eustis, a lawyer reconstructs the accident and determines how badly the plaintiff was injured, which affects how much compensation they will suggest to the insurance company or jury.
Anything that documents the accident can become evidence, including police and medical reports, eyewitness statements, surveillance footage filmed inside a store or in a parking lot, and the injured party’s recounting of the accident. It is always a good idea to snap cell phone photos immediately following an accident before the defendant can remove whatever caused the plaintiff to slip. Evidence could prove that a hazard existed and the defendant did not post warnings.
The attorney then files a complaint explaining to the court how the accident unfolded and how the defendant caused it, and requests compensation that they deem to be fair.
Negotiations precede a trial and most injury claims do not need to go to court. The defendant’s insurance carrier or attorney may prefer to settle rather than risk an unpredictable jury award, especially if it is evident the defendant neglected the duty to provide a safe environment for visitors. If a settlement cannot be reached, the case can move to trial. The trial consists of opposing attorneys presenting evidence for a jury to decide if the defendant is liable. If the case is proven, the jury considers many factors to come up with the monetary award to the plaintiff.
If you fall and are injured on someone’s property because they failed to warn you or rectify the reason you fell, you may be entitled to compensation from that person. You will have to account for medical bills and may lose some income if you cannot work while recovering.
The at-fault property owner has an obligation to cover your losses, whether through negotiations with insurers or a lawsuit. A Eustis slip and fall lawyer will fight for you. Call now for your initial consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys