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A slip and fall case is a personal injury case in which the victim slips or trips on someone else's property and is injured. In general, these types of claims can be classified as "premises liability". Property owners can be held liable if an accident occurs on their property (or "premises"). The property owner is typically at fault if slip and fall accidents occur on their property. Torn carpet, changes in flooring, dim lighting, narrow stairs, and wet floors can cause someone to slip and get injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. Furthermore, a slip and fall case may arise when someone slips or falls outside because of rain, ice, snow, or a hidden danger, like a pothole. Any plaintiff claiming damages must have been injured, no matter how minor, to be eligible for compensation. For a slip and fall injury sustained on another's property to be recoverable, there must be a responsible party whose negligence led to the injury. While it may sound obvious, many people do not realize that some injuries are simply accidents caused, if anything, by their own negligence. If you've been injured in a slip and fall on someone else's property and are considering filing a legal claim, you should speak with an experienced attorney. Injury victims need to act quickly, as there are time limits for filing a personal injury lawsuit. A lawyer can assist you in understanding your options and how to protect your rights. – Slip And Fall Lawyer Miami

What You Must Prove To Win A Slip And Fall Injury Claim

man slippng on a wet floor

The person who is hurt in a slip and fall on someone else's property must prove there was a dangerous condition and that the property owner knew about the condition. Under the circumstances, the injured party should not have anticipated the dangerous condition posed to them. Therefore, awareness and avoidance of obvious dangers are the prerequisites for this requirement. An owner or possessor of property must be able to demonstrate the following:

  • An owner (or employee or agent of the owner) should have removed or repaired a dangerous condition (i.e. a pothole or uneven walking surface), but failed to do so. The key question here is whether a reasonable person would have identified this condition as hazardous, and whether the defendant had ample opportunity to remedy the situation before the accident.
  • There is as much evidence as can be found that the property owner (or their employee) caused the current dangerous condition, leading to the slip and fall accident. The obstacle in the path was a hazardous obstacle and it was foreseeable that someone would trip and fall.

For a property owner or possessor to be held liable, it must have been foreseeable that his negligence would create the danger at issue.

  • Was the dangerous spot there long enough that the owner would have known about it if you tripped over, broke, or bulged carpeting, flooring, or ground?
  • How regularly does the owner inspect and clean or repair the property? Is this regular maintenance documented by the owner?
  • Was the object you tripped over or slipped on legitimately on the floor or ground? Had it been left on the ground or ground for a legitimate reason? Would it have been feasible to remove the object or cover it in some way if there was once a good reason for it to be there but it no longer exists? Is there a better place to locate this object, or could it have been placed in a safer manner, without a significant increase in inconvenience or expense to the property owner or operator?
  • To prevent people from slipping or tripping, could a simple barrier have been created or a warning given?
  • Did the accident occur because of poor or broken lighting?
  • Did you have a legitimate reason for being where the dangerous area was, or at least one that the owner should have anticipated?
  • Would a careful person have noticed the dangerous spot and avoided it, or wouldn't he have slipped or tripped due to his carelessness?
  • Was there any warning that this spot may be dangerous?
  • Did anything distract you from paying attention to where you are going or were you running, jumping, or fooling around in a way that increased the possibility of falling?

If you’re looking for an experienced Miami Slip And Fall Injury Attorney to help you pursue damages for your injuries.

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