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Slip and Fall Accidents

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Find Out if You are Entitled to Financial Compensation from a Pensacola Slip and Fall Attorney

Slip and fall accidents happen. They happen to people of all ages, and they happen to people from all walks of life. They also happen due to a variety of different causes. If you slipped and fell, you might not be to blame for your own injuries. You may have a claim against the property owner, and you may be able to recover financial compensation with the help of a Pensacola slip and fall attorney.

Proof of Negligence is Required to Recover Financial Compensation for a Slip and Fall Accident in Florida

In order to recover financial compensation for a slip and fall accident, you need to be able to prove that someone else’s negligence caused – or at least contributed to causing – your injuries. Typically, this will be the owner of either the property or the business where you slipped and fell. Similar to other types of accidents, this negligence can take many forms; and, in order to prove it, you will need to hire a personal injury attorney to conduct an investigation at the location where you were injured.

What constitutes negligence in a trip and fall accident case? Some of the most-common examples include:

  • Failure to Clean Up – In many cases, simply cleaning up a spill or accumulated rain water could have prevented a harmful slip and fall. In Florida, businesses and other property owners and tenants have an obligation to remedy or cordon off safety hazards in a timely manner.
  • Failure to Provide Adequate Lighting – Did you slip and fall because you could not see a hazardous property condition right in front of you? If this is the case, then you may have a claim for compensation based upon failure to provide adequate lighting. 
  • Failure to Maintain or Repair – Property owners and tenants in Florida also have an obligation to maintain their premises and perform necessary repairs in order to mitigate the risk of avoidable injuries. Worn, cracked, crumbling, uneven and other dangerous walking surfaces are commonly to blame for slips, trips and falls. 
  • Failure to Properly Construct – Sometimes, the issue is not that the premises were not properly maintained, but rather that they were not constructed properly in the first place. Faulty construction can potentially give rise to claims against property owners, tenants, builders and other contractors. 
  • Failure to Warn – If it is not feasible to remedy a hazardous property condition in a timely manner, then the property owner or tenant must provide guests with an adequate warning. Failure to warn is a particularly common issue in cases involving spills and weather-related falls.

The Open and Obvious Doctrine for Florida Claims 

One of the most common defenses to a slip and fall claim is what is referred to as the “open and obvious” doctrine. To successfully pursue your case, it is helpful to understand this doctrine and be able to overcome it. 

The open and obvious doctrine holds that property owners do not need to warn guests and visitors of hazards that are open and obvious to a reasonable person. If the harm is evident to the senses, the doctrine will absolve the property owner of any liability for injuries suffered due to the hazard. 

What constitutes an open and obvious hazard will depend on the facts of your case. For example, your Pensacola slip and fall attorney may use the following points to determine whether the open and obvious doctrine would be a valid defense against your claim: 

  • Whether you had previously visited the property 
  • Whether you were already aware of the hazard
  • Whether the hazard could be easily avoided
  • How long the danger existed
  • Whether the property owner was aware of the hazard
  • Whether it was reasonably foreseeable that the hazard would cause injury

An experienced Pensacola slip and fall attorney will be able to evaluate your case and determine whether you have a claim. 

Overcome Property Owner Defenses with Your Pensacola Slip and Fall Attorney

That said, the open and obvious doctrine does not relieve property owners of their responsibility to maintain their property in a safe condition for guests and visitors. As a result, a court may determine that the property owner breached their legal obligation to make the property safe, even though the hazard that caused your injury was open and obvious. 

A skilled and experienced Pensacola slip and fall attorney will carefully review the facts of your case, such as the ones listed above. Just because the property owner believes that the hazard was open and obvious doesn’t mean that was actually the case. For example, the property owner may claim that a broken stairway was obvious to guests and visitors. However, it may not be obvious to someone who has never been to the property before, and perhaps the stairs were poorly lit. Furthermore, suppose the stairs were the only access into the building, and the owner had ample opportunity to discover the issue and make the necessary repairs. In that case, a court may find that the property owner breached their duty to maintain their property in a safe condition. 

Our Pensacola Slip and Fall Attorney Will Advise on the Value of Your Claim

Slip and fall accidents can result in serious injuries that leave you unable to work or take care of your family. If you’ve been injured, you may be entitled to compensation for the following: 

  • Your medical expenses, especially copays and deductibles
  • Your lost wages or other income
  • Your pain and suffering

The insurance company will try to settle your claim quickly and for as little as possible. However, it can be quite challenging to know your total losses until you have fully recovered. If you’ve been injured in a slip and fall accident on someone else’s property, you should speak with a Pensacola slip and fall attorney to understand your options and what your claim may be worth.

Discuss Your Case with a Pensacola Slip and Fall Attorney

Are you entitled to financial compensation for your slip and fall accident in Florida? To discuss your case with a Pensacola slip and fall attorney, please call 888-549-7011 or request a free initial consultation online. Your consultation is completely risk-free, and you pay nothing unless we win. 


Tallahassee

Searcy Denney Scarola Barnhart & Shipley, PA Searcy Denney Scarola Barnhart & Shipley Logo The Towle House, 517 N. Calhoun St.
Tallahassee, FL 32301-1231
Toll-free: (888) 549-7011
Phone: (850) 224-7600
En Espanol: (800) 220-7006


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