Port St. John Slip and Fall Lawyer

A slip and fall is just one common example of the many injuries that can affect visitors on another’s property. Physical injuries and other losses that result from falls can have a major effect on your finances and your psychological wellbeing. A successful lawsuit or insurance claim could bring you the compensation that you need to set things right.

Talking with a Port St. John slip and fall lawyer could help you to better understand your rights under the law and be the first step towards the receipt of fair compensation. A dependable personal injury attorney is fully committed to advocating for you in a civil action.

The Obligation of Landowners to Protect Guests

The laws in Florida are complex when discussing the rights of visitors on the property of others. Guests on land have different rights under the law based on whether they had permission to enter and their motivations for being there. In general, only people who had the owner’s permission to be on the property can collect compensation after being harmed. In addition, they must show that the landowner did not take reasonable steps to provide protection against harm.

A Port St. John slip and fall lawyer has the skills to gather evidence and show how a property owner was unreasonable in allowing a hazard to exist. These hazards could include:

  • Allowing a liquid spill to accumulate without issuing proper warnings
  • Not properly securing carpeting or tiles
  • Allowing a handrail to become loose or not fixing a broken stair
  • Failing to clear snow or ice from the walkways

If the insurance company will not agree to a settlement, the final question of whether a landowner was negligent in allowing a fall to occur often falls to a jury. Hiring a Port St. John attorney to pursue the slip and fall case could increase your chances of demonstrating this essential concept. As of March 24, 2023, people have two years from the date of an incident to bring a case to court. For incidents occurring before that, the statute of limitations remains four years.

Fighting Back Against Allegations of Shared Blame

Property owners and their insurance companies may concede that they had a duty to protect a guest from accidental harm. They may even admit that the fall happened on their land. However, they will likely attempt to limit their liability by arguing that a fall victim did not take proper steps to protect themselves.

A court must examine the actions of both landowner and injured person to assign blame for a fall. If the court accepts that an injured person carries a portion of fault for the incident, the court must reduce its award by this portion. Under updated state law, a plaintiff who was more than 50 percent at fault cannot recover damages for anything. Defendant landowners can introduce a wide variety of evidence to raise this defense, including:

  • A failure to recognize a warning sign
  • Wearing improper shoes
  • Careless conduct, such as running
  • Distraction due to a cell phone or other device

A slip and fall injury attorney could push back against accusations of plaintiff liability so that they are not locked out of compensation.

Consult with a Port St. John Slip and Fall Attorney Immediately

State law places an obligation on landowners to take appropriate steps to protect guests on their land. Every slip and fall case must evaluate the totality of the circumstances that led up to the incident and assign blame to either a landowner, a victim, or both. Proving that a property owner was negligent in allowing a fall to occur is a crucial aspect of all cases.

A Port St. John slip and fall lawyer could assist people like you in placing accurate dollar values on your case and holding the property owner accountable. Fill out a contact form to connect with The Umansky Law Firm Criminal Defense & Injury Attorneys.

Get In Touch With Us Today

    Port St. John Slip and Fall Lawyer