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Slips and Falls: Understanding the Factors Involved in Such Cases

May 3, 2016 | Category: Personal Injury, Slip and Fall Accidents | Share

Slip and fall accidents can lead to serious injuries, some of which may leave you unable to work for weeks. That said, it is important for you to seek quality legal guidance from Ft. Myers personal injury attorneys like Randall Spivey if you’ve been injured in a slip and fall incident in Florida.

No matter if the slip and fall took place at an area supermarket, restaurant or amusement park, it is important for accident victims to understand that there are many factors that can affect the outcome of your case or claim.

Factors to Keep in Mind When Assessing Your Case

Anyone seeking to obtain compensation for their damages stemming from a slip and fall incident must first be able to determine whether or not the owner or operator of the premises knew (or should have been aware of) the existence of the hazard that led to the fall.

Consider the following example: You are in your local grocery store shopping for items when you step on a slippery substance while walking (water, ketchup from a broken bottle, milk, etc.). You slip and fall as a result of the substance and sustain injuries.

Let’s say you were in that aisle shopping for about 5 or 10 minutes, and it turns out that the substance had actually been walked over by others based on the presence of foot prints close to the same area where the substance remained.

Given this scenario, your attorney will want to determine if the owner/operator had constructive notice of the hazard through the amount of time the substance remained on the floor or by some other means.

Another factor that will play a role in your financial recovery is the legal concept of comparative fault (or comparative negligence). In Florida, the amount of damages awarded to slip and fall victims can be reduced based on the percentage of fault that may be assigned to the victim. What this means is if the victim is found to be 40 percent at fault for the slip and fall, his or her total damages can be reduced by 40 percent.

A skilled attorney will also want to look at whether the owner/operator actually created the condition that caused the slip and fall. Did an employee drop the ketchup bottle that broke and left the slippery substance on the floor? If so, that could suffice to prove that the owner/operator had at least constructive notice of the hazard. If the substance was on the floor and an employee actually walked by it, that could be enough to prove actual notice.

If you or a loved one has been injured in a slip and fall incident, you are encouraged to report the incident to an employee/manager of the store, as well as law enforcement. Victims who do not alert the authorities or store about the incident may find their potential compensation greatly reduced due to the failure to report.

To get help with your slip and fall case, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. right away. Let us help you fight for the just compensation you deserve.

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