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With fall and winter months here, there is a long history of an increase in slips and falls throughout the nation. The colder weather, wet conditions, and more aid in causing individuals to fall in various locations around the country. However, what happens when these aren’t the only factors involved.
Far too often, negligence is involved in a slip and fall where people sustain serious injuries. Unfortunately, not everyone knows exactly what causes these situations and what to expect after the injury has been sustained and negligence has been determined.
It is important to understand what happens during a slip and fall, why they are so serious, how they can cause harm, and what rights people may have after sustaining an injury. Here are some things regarding slip and fall accidents you need to know.
The Underlying Cause of a Slip and Fall
One of the worst feelings is knowing that an injury you sustained could have been prevented. It’s unfortunate, but property owners are often negligent in their maintenance of a home or building, allowing potential dangers to exist and making it a hazard for visitors.
This negligence often means that the property owner knows of the danger, yet they do nothing to fix the problem, nor do they warn visitors on the property about the hazard. As a result, these individuals are at serious risk of harm and are often left dealing with the aftermath.
Typically, slip and fall cases are dependent on proving that the property owner was in fact aware of the problems and did nothing to remedy the situation. However, unknown dangers may make it difficult for these cases to move forward.
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Some of the Problems That May Exist
When it comes to potential slip and falls, there are a number of different issues that may exist that can cause serious injury. Knowing what they could be may be helpful in keeping individuals safe when they are on various properties.
For instance, when outside, there may be issues such as lifted sidewalks, holes in the ground, or other cracks making for uneven ground. When inside, there may be torn carpet, broken handrails, wet floors, or even protruding items that can trip someone.
These problems may exist in homes, grocery stores, commercial businesses, and more, making the property owner responsible for the repairs to remove the problem. If not removed or fixed, the owner may be liable for any harm caused by the danger.
Slip and Fall Accidents on Private or Public Property
The law requires a different duty of care for public premises as it does private premises. A property owner’s duty of care is generally determined based on the type of property.
When Can’t Someone File a Premises Liability Lawsuit?
There are some situations that make it so a party may not be able to file a premises liability lawsuit, even if they sustain injuries as a result of a potential danger. This is the case when certain legal matters are also involved.
For instance, if a person is trespassing on the property where they sustain the danger, they may not be able to file a lawsuit because they should not have been on the property to begin with. Their injuries would not have been sustained had they not been there.
This makes it so premises liability cases are valid for individuals who have been invited onto the property, were legally there, and sustained an injury due to a known danger that had not been properly maintained.
Click To ContactWhat Needs to Be Shown In a Lawsuit?
For someone who has sustained significant injury as a result of a slip and fall on someone else’s property, one of the most important things to prove is that the danger did in fact exist on the property. This means showing the evidence of a problem; take pictures of the issue that caused the fall.
It must also be proven that the property owner was aware of the existing problems, yet they did nothing to warn the public or invitees, or they didn’t fix the issue in a timely manner to prevent problems. This shows negligence as being a factor.
Finally, it must be shown that the injury sustained by the victim was sustained as a result of the accident itself. Some defendants may try to claim that the injury was pre-existing or that it happened after the slip and fall. One of the things it’s important to do is to seek medical treatment quickly to have the medical records necessary to show that the harm was in fact caused by the danger on the property.
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Why Having a Lawyer is Very Important
Navigating legal matters after sustaining a serious injury can be complicated. There are far too many intricacies involved, especially when you consider the necessary resources it takes to seek the most favorable outcome possible.
It’s important to have legal knowledge regarding the matter and ways to move forward after an injury-causing accident. Slip and falls can be difficult at times, but with a lawyer on your side, you can help prove negligence and fault.
The Lawyers at Viles & Beckman Advocate for Slip and Fall Victims
At Viles & Beckman, we have the knowledge, experience, and skills to navigate the premises liability laws in Florida. We help individuals understand the legal responsibilities of landlords and property owners and why they must protect guests, invitees, and the general public.
When issues of neglect cause serious harm, you have the right to move forward with legal action and seek compensation and justice for the injuries you have sustained. Our Fort Myers premises liability attorneys are dedicated to helping you recognize your rights and options moving forward.
Call us today at (239) 334-3933 and discover what legal rights and options you may have. We offer free consultations so you can better understand your rights without worrying about financial concerns.
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