Slip and fall accidents can cause severe injuries, which may lead to pain, suffering, or even permanent disability. When these accidents occur on other individuals’ premises, one can seek compensation from the liable parties. However, one must prove the parties’ negligence caused the injuries sustained. The following are essential elements to prove in a slip and fall lawsuit.
Causation
A slip-and-fall victim must prove that the injuries sustained directly resulted from the breach of duty of the manager or property owner but not some other contributing factors. For instance, proving liability for a particular slip and fall injury can be difficult if the victim was intoxicated during the accident.
Fortunately, seeking help from a Vero Beach slip and fall attorney can help the victims navigate complex legal aspects. It is crucial to note that transportation incidents and slip-and-fall accidents account for 61% of workplace injuries in Florida, according to the U.S. Bureau of Labor Statistics.
Duty to the Victim
Property owners and managers have the duty to maintain their premises and ensure they are free from any hazardous conditions. They are responsible for dealing with issues arising on their premises and taking reasonable measures to avoid them, for instance, placing warning signs where needed.
Prove of the owners’ responsibility is necessary for a slip and fall case to be successful. In some instances, the victim must prove that the property owner or manager had control of the dangerous spot when the accident happened. In such cases, the manager or owner may interchangeably be in control. Therefore, the correct individual must be determined according to the time of the accident. Failure to prove this, the lawsuit can’t be successful.
Known Potential for Danger
Another crucial element to prove in a slip and fall case is known potential for danger. Expert witnesses are typically consulted to inspect various aspects, such as property maintenance and measures that prevent hazardous conditions. Suppose the expert witness proves the property owner or manager failed to take preventative measures. In that case, one can prove that they didn’t provide sufficient care and should have known about the potential danger on the premises. Negligence occurs when the defending individual knew the existence of a hazard, didn’t take any steps to prevent it, and the victim was harmed as a result.
The Victim Was Permitted on the Property
The victim should have been legally on the premises during the accident for a valid slip and fall accident claim. An individual’s status on a premises usually differs based on their relationship to the owner. Types of property visitors include:
Invitees
These are individuals invited to a property for the owner’s benefit. They usually include customers, workers or tenants of a building. Property owners have a duty of care to invitees. They should also display clear warnings of an existing danger on the premises and fix all hazardous conditions.
Licensees
These are individuals visiting a premise for their own benefit. Examples of such visitors include friends and family members visiting the owner. Property owners must also warn them about dangerous conditions on the premises.
Trespasser
An individual who enters a property without the owner’s consent is known as a trespasser. Although property owners aren’t responsible for their safety, they can’t purposefully harm them.
Damages
The financial loss, mental anguish, physical pain and suffering, and medical expenses due to negligence are considered damages. Long-term disabilities and lost wages can also be compensated. Victims of slip and fall cases should document their treatment and other related costs while pursuing a claim. Slip and fall cases must also be filed within the provided timeline. The statute of limitations for these cases in Florida is four years.
Getting all facts in order and preparing all legal requirements for a slip-and-fall case is crucial. This increases your chances of winning the case and receiving your settlement claim.
