The most common premises liability cases that the Downs Law Group handles involve slip and fall accidents. Slip and fall accidents can occur anywhere, in stores, parking lots, homes, and on any other type of property. In order to understand if you have cause to file a civil lawsuit regarding a slip and fall accident, it’s best to consult with an attorney who will be able to determine if you have a case.
Many people experience losses of some type due to another person’s negligence. Many do not know they have a legal right to restitution or compensation for things like medical bills and property damage. In our practice, we’ve seen individuals struggle due to the mistakes of others. That’s not the way it should be. At The Downs Law Group, our job is to hold liable parties accountable for their actions. We want to ensure you can go forward with your life in the best possible way.
If you’ve been involved in a slip and fall accident in the state of Florida, you will want to be represented by an attorney who is successful in this area of the law, such as those at the Downs Law Group. Along with helping to determine if you do have a claim, one of our lawyers will be able to develop the necessary evidence and legal strategy that will give you the best chance of winning your case.
Florida laws regarding these types of premises liability accidents have strict conditions that must be met and proven in order for a defendant to be found negligent. If the defendant is found by a jury to be liable for the accident, then they will have to compensate the victim for damages and injuries.
In order for a slip and fall case to be viable, there must have been a “dangerous condition” in existence on the property. Other aspects governing such accidents include the need for the property owner to have had knowledge of the dangerous condition and that the condition must have posed an unreasonable risk in terms of harm and injury to those entering upon the property.
Finally, if someone is injured, even under the conditions outlined above, if the risk was obvious and the injured party did not take note of the risk and try to avoid it, then the property owner would not be liable. With slip and fall accidents in the State of Florida, the victim does bear some of the responsibility.
Your attorney will have to prove that the person responsible for the property had knowledge of the dangerous condition that caused the slip and fall accident, and that they created that condition, or your lawyer must prove that the owner had knowledge of the condition, and they were negligent in correcting it.
A property owner would also be liable if it were proved that the condition existed for a period of time that would have allowed a reasonable owner to discover and correct it prior to the occurrence of an accident. For a property owner to be negligent and held responsible for a slip and fall accident, it must be proven that their lack of action in rectifying the problem had foreseeable consequences. As an example, if a leaky pipe causes a dangerous condition in the aisle of a store, and the owner does nothing to remedy the situation within a reasonable period of time or he/she is unaware of the situation after such time, the owner may be found negligent. This is due to the fact that a reasonable person would have understood that such a condition created a hazard and/or would have eventually become aware of it.
Finally, a property owner could be held liable if the slip and fall accident is the result of their not having followed specific laws focusing on issues of safety, such as the proper use of railings on walkways as outlined in building codes.
Slip and Fall Lawyers Miami at the Downs Law Group will be focused on gathering evidence regarding your claim, developing a strategy to win your case, and laying the groundwork to determine what a “reasonable” property owner would have done under the given circumstances. In order to win your case, it must be proven that the owner of the property did not take the actions that a reasonable person would have.Questions that govern such include:
As has already been noted, victims have a responsibility to act in a responsible manner when on another’s property, and if it can be proven that the person injured could have acted in a manner that would have resulted in their safely negotiating the situation, then the owner may bear less of a burden or possibly no burden at all.
If you have been injured in a slip and fall accident, contact the Downs Law Group in Coconut Grove, Florida, today at (305) 444-8226, or you may reach us by filling out the short contact form located on this page to your right. One of our successful, experienced slip and fall accident attorneys will meet with you to determine if you have grounds to pursue a civil lawsuit focusing on premises liability. Your lawyer will work diligently to ensure that you receive the full protection and benefits of the law, and that you are properly compensated for your injuries and damages.
Call the experience Miami personal injury lawyers at the Downs Law Group. We will fight to get you the compensation you deserve to move forward with your life. Remember there is no fee unless we win. Contact us Today.
When you’ve suffered injury because of another party’s negligence, breach of duty, or purposeful conduct, it is possible to file a legal action against the responsible party to recover financial compensation for a variety of losses, such as medical bills, lost wages, reduced earning capacity, rehab expenses and pain and suffering. From auto accident to wrongful death; let us help you get the compensation you deserve!Learn More about Personal Injury Speak with Attorney