Whether out shopping or strolling through your neighborhood, slips and falls happen.
According to the CDC, more than 800,000 people get hospitalized due to a fall injury. When the incident happens due to negligence, you may have a case to make a claim.
A key element of filing a claim involves proving the slip and fall happened because of unsafe conditions. By law, property owners must ensure a safe premise, but that does not mean people can expect 100% safe conditions. An unsafe property may include situations such as cracked or uneven sidewalks, parking lot potholes poorly lit areas, or wet floors.
Along with documenting unsafe conditions, a victim must prove the owner neglected to take safety measures to eliminate the hazard or did not warn anyone about the potential issue. In some cases, that presents some challenges. A sudden spill in an aisle may go undetected without any employee knowing the hazard exists. If employees notice the spill and do not rectify the situation, a fall victim would have the right to file a claim.
While the two above combined may provide a solid case, Florida law also takes into account comparative negligence. In some cases, both the property and the victim may share some fault in the incident. If a person falls due to debris on the walkway but was running, that person may have some culpability. That does not mean a person still cannot make a claim. The law allows for compensation, but that amount gets reduced to accommodate shared responsibility.
A severe fall may lead to missed work, extensive medical bills and ongoing trauma. When the incident involves negligence, victims have rights.