PROVING FAULT IN TRIP/SLIP AND FALL CASES

Each trip/slip and fall case is based on whether the business and/or property owner acted reasonably and whether the person who fell was careless in not seeing or avoiding the condition that caused the fall.

A person injured in a trip/slip and fall incident on someone else’s property must prove that the cause of the fall was a “dangerous condition”, and that the owner or the business that is renting the property from the owner (called the possessor) knew of the dangerous condition. A dangerous condition must present an unreasonable risk to someone on the property, and one that the injured party should not have anticipated.

In order to establish that a business/property owner or possessor knew of a dangerous condition, it must be shown that:

• The owner/possessor created the condition;
• The owner/possessor knew the condition existed and negligently failed to correct it; or
• The condition existed for such a length of time that the owner/possessor should have discovered and corrected it before the slip and fall incident in question.

Occasionally, a person injured in a slip and fall case can prove negligence by showing that the property owner violated a safety code, ordinance or law. For example, building codes often dictate when and where handrails and other similar features must be installed.

Blaut Weiss is a trip/slip and fall law firm that represents individuals in trip/slip and fall lawsuits. If you feel that you have suffered from a trip/slip and fall due to a property owner’s neglect, please contact our Florida law firm online, or call Blaut Weiss at 954.634.1800, to better understand your legal options.

RESPONSIBLE PARTIES

In order to recover for a trip/slip and fall injury sustained on another’s property, there must be a responsible party whose negligence caused the injury. Some injuries are simply accidents caused by a person’s own carelessness, such as falling simply because a person was not looking where he or she was walking. If an injured person is only partially at fault for his own injury, he or she might still be able to recover from another, but the dollar amount of his recovery might be reduced.

To be legally responsible for the injuries someone suffered from slipping or tripping and falling on someone else’s business property, the owner/possessor of a store, restaurant, or other business or an employee of the business:

• Must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item, to be underfoot;
• Must have known of the dangerous surface but did nothing about it; or,
• Should have known of the dangerous surface because a reasonable person taking care of the property would have discovered and removed or repaired it.

If you feel that you have suffered from a trip, slip and fall due to a property owner’s negligence, please contact our Florida law firm online, or call Blaut Weiss at 954.634.1800, to better understand your legal options.