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How to Prove Liability in Slip and Fall Accidents

November 15, 2022 | Category: Slip and Fall Accidents | Share

Proving Liability in Slip and Fall AccidentsSlip and fall accidents are more dangerous than one may realize. The statistics are alarming. 

  • Slip and fall accidents result in 15 percent of all accidental deaths in the U.S. Only vehicle crashes cause more deaths.
  • Older adults suffer approximately 36 million falls every year, resulting in more than 32,000 tragic deaths.
  • Approximately 3 million older adults are treated in emergency departments because they fell, according to the Centers for Disease Control and Prevention (CDC).

What Conditions Can Be Considered Hazardous and Dangerous for Slips and Falls?

Most commonly, Florida slip and fall injuries are caused by some of, but not limited to, the following:

  • Liquids spilled on restaurant floors, grocery stores, and other commercial properties
  • Loose and/or cluttered flooring
  • Potholes in parking lots
  • Uneven pavement and/or sidewalks
  • Poorly constructed stairs
  • Wet floors recently waxed or mopped
  • Poor lighting
  • Rain on sidewalks, in hallways, parking lots, and other common areas

Property Safety Plans

Experts agree that good housekeeping is critical to safety in restaurants, grocery stores, and other commercial properties such as apartment buildings and residential associations. Poor housekeeping habits lead to accidents. Businesses should plan, implement a housekeeping program, and assign responsibilities. Proper housekeeping should be a routine and part of every worker’s daily performance.

“Many slip and fall accidents are caused by irresponsible property owners who fail to keep their properties in a safe condition for their customers and guests,” said Fort Myers Slip and Fall Lawyer Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. “Proving a slip and fall case can be challenging under Florida law. Accident victims should not try to go it alone. They should seek our assistance immediately after seeking medical attention and not depend on insurance companies to help them. Insurance companies work for their shareholders, not for their policyholders. Their focus is on returning profits.”

Florida law says customers and others entering commercial or residential properties legally are deemed to be invitees. Invitees are afforded the most protection under Florida law. Florida Statute §768.0755 rules of slip and fall liability claims require a plaintiff (accident victim) to prove a property or business owner not only acted unreasonably in the upkeep of the property but also knew (actually or constructively) that there was a dangerous condition.

Slip and fall cases start with an investigation to gather the evidence to prove liability, negligence, that the property owner is at fault, and the accident victim suffered injuries. Property owners have a “duty of care” and must remedy a hazardous situation. Should they not be able to do so quickly, they have a “duty to warn.” For example, if there is a spill in a grocery store aisle, the store must put up a hazard warning until the area can be cleaned and returned to a safe condition.

Some of the evidence that can be used to prove negligence includes:

  • Medical Records
  • Surveillance footage
  • Photos of the scene
  • Eyewitness and expert testimony
  • Accident reports

Fort Myers slip and fall lawyers at Spivey Law Firm, Personal Injury Attorneys, P.A. have an experienced legal team ready 24/7 to assist accident victims of accidents. We have a history of assisting slip and fall accident victims. Following are a couple of our cases involving negligent business owners:

  • A settlement was obtained for a fall accident victim who suffered a broken arm when she fell on a greasy and slippery floor in a Punta Gorda restaurant. 
  • A settlement was obtained for an elderly accident victim who received a head injury when she fell as a result of a defective staircase in Sarasota. 

We encourage victims to contact our firm as quickly as possible because there is a Florida statute of limitations, and we need to protect and preserve evidence. Contact us at 239.337.7483, toll-free at 1.888.477.4839, or online at SpiveyLaw.com. There are no costs or attorney fees until we receive a monetary recovery for our client.

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Spivey Law Firm Logo Spivey Law Firm 13400 Parker Commons Blvd.
Fort Myers, Florida 33912

(239) 337-7483

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