Slip and fall accidents are not only devastating physically, but they are equally devastating financially. If you are thinking of filing a claim, you may wonder what your chances are for success.
To win your slip and fall case, you must prove that the property owner’s negligence caused your accident. In some cases, this is straightforward. However, in other cases, it may require expert analysis and substantial evidence to sway the jury or judge on your side.
The Prevalence of Slip and Fall Cases in Florida
Slip and fall claims are not impossible to win, but they are complicated.
That is why anyone suffering from a slip and fall accident and related injuries should seek the advice of an attorney, immediately. An attorney can help establish your claim’s validity and improve the chances that you will receive the compensation you deserve in your case.
Slip and fall claims fall under premises liability. While these are a common type of lawsuit filed in civil courts each year, most people do not realize how critical these claims are. Often, the victims of slip and fall accidents sustain catastrophic injuries – ranging from broken hips to traumatic brain injuries and more.
A slip and fall typically occurs because the property owner was careless or negligent. All property owners have a duty of care to any visitor on their premises, whether it is residential or commercial. When injuries occur because they did not maintain or remove known hazards, they can be financially liable for the injuries caused. For example, in a grocery store, employees must place signage indicating that there is a wet spot ahead so that you proceed with caution or avoid it entirely. Even if there was no sign present, it is incredibly hard for the victim to prove their case.
Why Slip and Fall Cases Are Hard to Win
Personal injury claims place the burden of proof on the victim. As the victim seeking compensation, you must prove to the court that you have a valid injury and that the claim amount is valid. You must show negligence (which directly ties to liability) in your case. Also, you are required to fulfill all the elements of a personal injury claim, which include:
- Proving the owner had a duty of care to you while on their property
- Showing that you suffered injuries that resulted in financial losses
- Prove that your injuries and losses were the direct results of the owner’s negligence
Car accidents are simpler to prove because they often come with video footage, witness statements, and of course, a police report.
Slip and fall cases often rely only on witnesses (if any were present), and most are based solely off of first-hand accounts.
More importantly, with a slip and fall case and any premises liability case, you must show that the owner or the manager of the property had reasonable notice of the hazard and that they did not act within a reasonable amount of time to correct that hazardous condition. You must find hard evidence that the owner knew about the dangerous situation on their property.
For a slip and fall on a wet surface in the store, you may have maintenance records from employees stating that there was a spill cleanup on the same aisle you slipped, for example.
Usually, when a slip and fall injury happens in a commercial space, there is video footage. It is rare today for a business owner to not protect their exterior and interior with video surveillance cameras. Therefore, your attorney can request the footage from those cameras to prove that there were dangerous conditions that caused your accident.
The Issue of Contributed Liability
Another reason slip and fall cases are complicated is that the property owner will always try to blame the victim. They will say that you knew the hazardous condition was present and purposely walked through it. Other times, they will say that you caused the slip and fall, such as running.
Disputing Your Injuries and Their Costs
Other times, insurance companies and defense attorneys will admit there was fault, but they will not accept your injury claims. They will say you are exaggerating your injuries, that your costs are not as high as you claim, or that you are trying to collect on old injuries that have nothing to do with your accident.
Hiring an Attorney to Fight for You is the Only Way
While you could try to combat insurance companies and defense attorneys, the best way to get the compensation that you deserve is to hire an attorney who has experience with slip and fall cases.
Slip and fall claims are convoluted at times, and they can change quickly. The team at the Law Offices of David M. Benenfeld, P.A. know how to help you understand your rights, explain your case, and they will work to find evidence so that you walk away with the compensation you need to succeed.
You have medical costs, lost wages, and may suffer from physical and emotional trauma – none of which you should pay for. Let our attorneys get fair compensation in your case and work hard to protect your rights.
While these cases are hard to win, they become less complicated when you have an experienced legal team on your side. An attorney helps put the odds more in your favor, evens the playing field, and ensures insurance companies do not try to take advantage of you.
Schedule a Free Consultation Today
If you or a loved one was seriously injured in a slip and fall accident, contact the Law Offices of David M. Benenfeld, P.A. to schedule your free, no-obligation case evaluation.
Our attorneys are here to answer your questions, educate you about the process, and help you through every step of your claim. We want our clients to stay updated, know what is going on, and never worry that they will not receive fair compensation.
Get started by calling our office or request more information about our legal services online.