Slip & Fall
Slip and fall accidents can be caused by many different dangerous property conditions. Sometimes they give rise to serious injuries, including broken bones, lacerations, traumatic brain injuries, back injuries, and more. If you are hurt on somebody else's property in Florida, you may be able to recover compensation from the property owner or occupier. It is important to consult a Fort Lauderdale slip and fall lawyer right away. At the Gainza Law Group, we handle these claims in addition to car accidents and other personal injury cases. We understand how to preserve crucial evidence and prove a property owner’s responsibility for your injuries.Holding a Property Owner Liable for a Slip and Fall Accident
Property owners and occupiers are required to keep their property in a reasonably safe condition to avoid visitors being injured. Storeowners, schools, residential property owners, condominiums, and others owe this duty. They are supposed to repair dangerous conditions or provide warnings to visitors and customers about potentially dangerous hazards. Slip and falls causing injuries or death can arise as a result of not having adequate lighting, failing to clean up spills, slippery floors, cracks, debris, potholes, tears in carpets, and objects. If somebody falls on an improperly waxed floor for which there was no warning, for example, the store may be liable.
In order to recover damages, you will need to prove that the defendant knew or should have known about the dangerous condition. Sometimes it is possible to show actual knowledge because the defendant keeps records of complaints by customers or the defendant admits it to someone. However, more often, it is necessary for a slip and fall attorney in Fort Lauderdale to prove constructive knowledge. This is often shown by proving how long a dangerous condition existed before someone slipped on it.
The jury will evaluate whether the property owner acted as a reasonable person would act when faced with similar circumstances. For example, they will consider whether the owner had time to fix the condition or put up warnings in connection with the danger that caused the fall. They will also consider whether someone or something else could have caused the hazard. For example, if somebody slips in the parking lot during heavy rain, they would need to show that it was not just the rain that caused the accident. Other factors include whether the owner could have reasonably prevented the accident and whether the owner had policies and procedures in place to prevent or evaluate incidents.
If you are injured in an accident on property, your Fort Lauderdale slip and fall attorney will need to sue the property owner within four years. Failing to abide by this statute of limitations likely will result in your being barred from pursuing damages at all. For example, if you sue five years after the accident, your case probably will be dismissed.
Sometimes property owners defend themselves by raising the alleged comparative negligence of the plaintiff. This means that the property owner will need to show that you failed to use reasonable care on the property, and this failure caused your injuries. The property owner may try to find evidence that you were wearing inappropriate shoes, you were using your cell phone, you were located on some part of the property where visitors are not usually permitted, the dangerous condition was cordoned off, or the dangerous condition should have been apparent to you. However, a plaintiff’s attorney often can find ways to defeat or minimize these allegations, proving that the plaintiff was not to blame or minimally to blame.Hire a Skillful Slip and Fall Lawyer in Fort Lauderdale
If you suffer injuries in a slip and fall accident, you should call the Gainza Law Group. We are dedicated to representing victims and their families in Broward, Miami-Dade, and Palm Beach Counties, as well as statewide. Our clients have come from cities such as Pompano Beach, Miami, Hialeah, West Palm Beach, Coral Springs, Hollywood, Lauderhill, Miramar, Pembroke Pines, Plantation, Sunrise, Miami Beach, Miami Gardens, Boca Raton, Boynton Beach, Delray Beach, Palm Beach Gardens, Cape Coral, Tampa, Clearwater, St. Petersburg, Tallahassee, Orlando, Jacksonville, and Daytona Beach. Call us at (954) 463-1210 or use our online form to set up a free consultation. We also represent victims of car, truck, and motorcycle accidents in asserting their rights.