Englander Peebles is a Fort Lauderdale personal injury law firm that provides the highest level of service and pursues maximum compensation for accident victims and their families in Fort Lauderdale, South Florida and surrounding communities.Gary B. Englander and Warren Q. Peebles, serve as aggressive advocates for those who have been harmed by the negligence of others.
Wednesday, January 25, 2023
When can I make a claim for slip and fall injury?
Whether out shopping or strolling through your neighborhood, slips and falls happen. According to the CDC, more than 800,000 people get hospitalized due to a fall injury. When the incident happens due to negligence, you may have a case to make a claim. Unsafe conditions A key element of filing a claim involves proving the slip and fall happened because of unsafe conditions. By law, property owners must ensure a safe premise, but that does not mean people can expect 100% safe conditions. An unsafe property may include situations such as cracked or uneven sidewalks, parking lot potholes poorly lit areas, or wet floors. Owner negligence Along with documenting unsafe conditions, a victim must prove the owner neglected to take safety measures to eliminate the hazard or did not warn anyone about the potential issue. In some cases, that presents some challenges. A sudden spill in an aisle may go undetected without any employee knowing the hazard exists. If employees notice the spill and do not rectify the situation, a fall victim would have the right to file a claim. Comparative negligence While the two above combined may provide a solid case, Florida law also takes into account comparative negligence. In some cases, both the property and the victim may share some fault in the incident. If a person falls due to debris on the walkway but was running, that person may have some culpability. That does not mean a person still cannot make a claim. The law allows for compensation, but that amount gets reduced to accommodate shared responsibility. A severe fall may lead to missed work, extensive medical bills and ongoing trauma. When the incident involves negligence, victims have rights.The post When can I make a claim for slip and fall injury? first appeared on Englander Peebles.
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