A slip and fall is one of the most common type of accident, but it can also be one of the most serious. Even a relatively minor slip and fall can leave the victim with an injury that requires medical care and/or causes them to miss work, both of which are a financial burden. Fortunately, the victim may not have to pay for those, or any other injury-related expenses in a slip and fall. That is because a slip and fall is a part of personal injury law, which means that the accident is caused by the negligence of someone else.

In the case of a slip and fall, the negligent party is the owner of the property on which the accident occurred. However, before the victim can receive compensation for the accident-related expenses, they need to prove that the property owner was negligent. They can do that by contacting a personal injury law firm. Berger & Hicks is a law firm that can help to prove negligence in a slip and fall case and help victims receive the compensation that they need.

What Needs To Be Proven In a Slip and Fall Case?

The chance of success in a slip and fall increases if you and your slip and fall lawyer can prove three things:

1. The defendant had a duty of care to the victim
2. The defendant was negligent in their duty of care
3. That negligence is what caused the injury.

Now for a breakdown of what each of those points means.

Duty of Care

Duty of care is the legal responsibility that everyone owes to each other to act in a reasonable, law-abiding manner that prevents other people from getting injured. For ordinary citizens, that means obeying the law and acting in a rational manner. So, if a driver runs a red light and crashes into another vehicle, then the red light runner has violated their duty of care and is legally liable for the accident.

Professionals have a stricter duty of care than ordinary citizens, so a doctor or police officer has the same obligations as everyone else, but they are also held to a higher standard when performing their job. The same goes for a property owner; they have a responsibility to provide a safe environment for anyone who visits their property. So, if something on their property presents a hazard, like a slippery surface, then they should correct it or warn people about it.

Negligence

Negligence means that the defendant did not act in a prudent manner to fix or warn people about, the dangerous condition that lead to the accident. However, that is only if the defendant knew about, and had a reasonable amount of time to fix the problem. So, if a customer accidentally spills a bottle of milk in a store and someone else slips on it immediately after, then the owner could not have acted in time to clean up the spill. If the spill is there for over fifteen minutes and the owner does nothing about it, then it is more likely that they will be liable for any accidents that happen because of the spill.

Proving Responsibility

It is necessary to prove that the defendant was at fault for the slip and fall accident. The defendant and their legal team will try to prove that the victim may have been partially, or completely, at fault for the accident. So, they will try to find out if the victim was distracted and would have noticed the hazard if they were paying attention. If there was a clear warning sign that the victim ignored, then the victim may be partially at fault. If the victim was trespassing on the property, then they may have trouble getting compensation for any slip and fall injuries suffered on that property.

Proof of responsibility is important because Florida has a comparative negligence law. What this means is that if the court determines that a victim is 20% at fault for their accident, then their compensation will be 20% less than it would have been if they were not at fault at all.  

Get a Lawyer For Your Slip and Fall Case

Those factors outlined above are what needs to be proved in a slip and fall case. That is why it is important to contact a good personal injury attorney when you suffer a slip and fall injury. They will help to prove negligence and fight to get you the compensation that you need.