How Common Are Slip-And-Fall Or Trip-And-Fall Injuries?
These types of injuries are very common. In fact, they are the second most common cause of injury, after car accidents.
What Is The Legal Standard Surrounding Premises Liability?
The standard that is used regarding premises liability is the reasonable person standard. The most common circumstance is that there is a dangerous condition, which the owner of the premises should have known about, and did nothing to remedy. Juries are usually not very sympathetic to property owners or controllers who know about an issue and turn a blind eye. Usually, because of the potential of incurring a significant expense to repair the problem, they fail to fix it and cause an injury.
What Conditions Make It Right For A Slip And Fall Or Trip-And-Fall Accident To Occur In A Store?
The most common situations are either a floor is wet, which causes someone to slip and to fall, or there is a display, which is placed in such a way that patrons may trip or maybe hit if the display falls. Parking lots are also common grounds for these injuries, especially in areas with ice and snow, which an owner is responsible for clearing.
When Should I Retain A Personal Injury Attorney If I Have Been Injured Due To A Slip-And-Fall?
It is always a good idea to seek out the services of an attorney as soon as possible. Some people fall and they may feel no pain at the time, so they immediately insist that they aren’t injured. Then, the next day, they cannot get out of bed. It is always best to speak to an attorney quickly and not to make any statements before you do so. The chances of receiving a more significant amount of recovery is greater if you have an attorney involved, instead of dealing directly with the store and their insurance company.
What Are Examples In Which A Store Or A Property Owner Would Likely Not Be Held Liable Because A Reasonable Person Should Have Avoided A Slip-And-Fall Or Trip-And-Fall Situation?
A common situation in which a property owner would not be held liable is when a person slips on a wet floor, even though the floor has been marked with a caution sign. Also, if a liquid is spilled unexpectedly and a person slips on it moments later, a reasonable person would not expect the store owner to have known that the hazard existed.
How Does The Law Determine If A Property Owner Should Have Known Of A Dangerous Condition?
It is a common-sense kind of assessment, a reasonable person standard. There is no requirement for a store owner to seek out a potentially dangerous situation where it would not be expected. However, if there is a potentially dangerous situation that he knows about or should have known about, then he will be held liable if someone gets hurt as a result. He will also be held liable if the condition may not have been initially obvious to him, but someone else had already been injured by it and he failed to repair the dangerous condition.
For more information on Slip And Fall Injuries In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407)-228-2131 today.