People trip or slip on something and fall all the time, and most of the time, there is little to no damage. However, when it happens because of property owner carelessness, and you suffer bodily harm, you may have cause for a civil claim.
The cases are complex and require investigation, analysis, and the building of a strong case that satisfies each legal requirement. Call a Port Orange slip and fall lawyer at Rue & Ziffra for help with your case. Our personal injury attorneys have over 50+ years of experience and are dedicated to helping injured individuals in our community obtain the compensation they need and deserve.
Slip and fall accidents occur when someone loses their footing or balance while walking or standing due to a hazardous condition, such as a trip hazard, a spill, or a hazard on the floor. They usually occur for one of two reasons. The individual’s foot slides out from under them or catches on something, causing forward momentum that throws them off balance.
Falls are also common from heights, such as stairs or ladders. In Florida, when it occurs due to negligence, such as unsafe conditions in a store or other public setting, there may be grounds for a premises liability claim. Common causes include uneven surfaces, poor lighting, slippery floors, and broken stairs or handrails.
If you were injured in a slip and fall caused by unsafe conditions, speak with a Port Orange slip and fall attorney today to understand your legal options.
State premises liability laws mandate that all property owners or possessors, such as store managers, have a duty to protect visitors from an unreasonable risk of harm. The level of responsibility depends on the injured person’s reason for entering the property. It is important to note that they must exercise reasonable care under the circumstances, but there is no 100 percent guarantee.
The first category, and the cause of most legal action, is invitees. The owner owes them the highest duty of care. These people enter the property for reasons that benefit them, such as customers in a store, hotels, and restaurants. They must maintain the area in a reasonably safe condition, promptly inspect and repair any hazards, and warn all visitors of any concealed risks until they are resolved.
The landowner owes the second group, called licensees, a moderate or limited duty of care. This category of people enters with permission but not for the benefits, like the invitees, and includes friends, family, or social guests. The owner must warn them of known hazards that are not visible or obvious. They do not have the general legal obligation to inspect for hazards and make prompt repairs.
State laws do not require property owners to protect trespassers who enter the premises without permission. However, they cannot intentionally cause them bodily injuries or other damages.
If you have questions about how these classifications apply to your situation, contact our Port Orange legal team today to discuss your slip and fall case.
The state premises liability statute includes a transitory foreign substances clause that affects claims arising from debris, spills, or water. Under Florida Statutes § 768.0755, to recover damages in a lawsuit, you must prove that the business had actual or constructive knowledge that the unsafe condition was present and failed to act appropriately, by inspecting, repairing, and warning you when you entered.
A transitory hazard is a temporary hazard, such as a spill, rather than a permanent defect, such as uneven steps or cracked tile. The case must show that they knew, such as through customer reports, or should have known, because it had been there for enough time for them to detect and repair by the time you slipped. Our seasoned slip and fall lawyer in Port Orange can review your case specifics and determine if there is cause to move forward with a lawsuit.
Slipping and falling incidents are among the most common causes of injuries, leading to millions of emergency room visits nationwide each year. Florida law requires business owners to take precautions to prevent causing harm to visitors.
You have the right to take legal action if someone else’s negligence caused you bodily injuries and losses. Schedule a meeting with a skilled Port Orange slip and fall lawyer at Rue & Ziffra today to get started on your case.
Rue & Ziffra – Your Trusted Personal Injury Lawyers
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