Slipping and falling on someone else’s property may give rise to legal action against the owner or other responsible party. The cases are premises liability cases, and obtaining monetary damages requires demonstrating liability by proving the elements of negligence.
State laws make the cases challenging, particularly if the accidents result from liquids, debris, or other foreign substances in a place of business. Contact our skilled slip and fall attorneys for questions about establishing liability in Boca Raton slip and fall claims.
Successfully demonstrating the core elements of negligence requires gathering the crucial evidence to build a claim that meets each requirement. The guidelines are under Florida Statute § 768.0755, and the necessary components include the following:
The first element is evidence that the property owner, manager, or occupier had a legal obligation to keep you reasonably safe while on the premises, and that depends on your visitor status at the time of the incident. There are three categories, and the first is the Invitee, which is someone entering an establishment for mutually beneficial purposes, such as a customer in a convenience store or mall.
The property owner owes this group the highest duty and must do regular inspections for potential defects to make repairs and maintain safe conditions. The second group, referred to as Licensees, are social guests, and the landowner must do regular maintenance and warn them of any potential hazards. The last category is Trespassers. There is no legal duty, but they cannot intentionally harm those who enter without an invitation or permission.
The second element is breach of duty, which requires showing that the owner neglected to act responsibly, to ensure the premises were safe, or to warn you of possible risks when you entered. This component is more challenging for spills, tripping hazards, or other foreign substances. It requires evidence that the business had actual knowledge of the defect or should have known of it through reasonable diligence and rectified the problem, but failed to act.
Causation is the action or agency that produced the effect. In other words, the claim must prove that the defective condition directly caused your fall and the injuries and other damages you sustained as a result.
The final part of establishing liability in Boca Raton slip and fall lawsuits is damages. That means showing that you sustained actual harm, such as bodily injuries, medical bills, lost pay from missing work, and pain and suffering.
Comparative negligence, or shared fault, is common in personal injury claims of all types, including premises liability. The instructions of Florida Statutes § 768.81 provide that if the civil court finds that you are partially responsible, such as wearing improper shoes or not paying attention because of a distraction, compensation is still possible.
As long as your portion of liability is 50 percent or less, the court compensates you for the total cost of damages minus your part of responsibility. However, if they find you are more than 50 percent at fault, they will bar recovery altogether. Our knowledgeable personal injury lawyer can help you through the process and answer any questions about establishing liability in a slip and fall case in Boca Raton.
If you tripped, slipped, or tripped and fell on someone else’s property because of recklessness and an unsafe condition, you could be eligible for compensation. The cases are complex and successfully demonstrating each element is challenging, and reaching out for the help and guidance from a qualified personal injury lawyer can increase your chance of success to reach a positive outcome.
Contact our office to review your case and learn more about establishing liability in Boca Raton slip and fall claims.
