Most people get confused about finding out the party responsible for Slip and fall accidents on an exterior sidewalk in Florida. It seems very common when a person loses balance or footing on the sidewalk leading to falls, and it is considered simple. Still, in Florida, these slips and falls can result in vast personal injury claims, but the main issue is finding the liable party for such accidents.
Falls can result in severe injuries; the CDC states that slip and fall accident victims have up to 205 chances to sustain the following:
· Traumatic brain injuries
· Fractures
· Serious head trauma
Slip and fall accidents have become the major source of claims in Florida; some even happen, leading victims to emergency rooms in hospitals. If you or your loved one sustains injuries from this kind of accident, you will need to contact a personal injury lawyer.
You must first determine the fault party before filing for a claim; the lawyer will help in knowing who is to blame for the accident. Read through this article to know who can be held responsible for such accidents. Here is all you require to know:
Premises liability
The premises liability law explains everything concerning the slip and fall accident. They state that when a slip and fall accident occurs, the individual owning the property where the accident happened should be held responsible. For example, where some slip and falls within the exterior sidewalk of a local grocery, the store owner will be held responsible and will compensate for the damages or personal injuries.
However, the person liable for slip and fall accidents mostly relies upon the availability of many factors, which should be confirmed before the claim succeeds.
Premises liability elements and evidence
The Florida premises law of liability normally holds the premises’ owners responsible for injuries and damages that happen within their property or the premises’ threshold. Although the is meant to protect the victims, it does not automatically guarantee them to be compensated.
Liability and responsibility are determined through the following factors:
Slip and falls accidents need to have happened severally on the premises, thus making the incident foreseeable. Such accidents have been regular on that spot, and the owners must have known that but did nothing to prevent them from happening in the future.
Either of the above entitles the victim to file for a personal injury claim; however, the premises’ liability law further states that the evidence and the burden of proof are upon the victim. Moreover, the victim should prove that the premises’ owners were aware of the sidewalk condition.
This makes the process of filing a personal injury claim complicated; usually, the owner of the property can easily deny that they knew the condition of their sidewalk, and that is not negligence until the victim provides evidence saying otherwise. This is the stage where you require a personal injury lawyer to talk on your behalf.
How the personal injury lawyer provides help
A personal injury lawyer is essential when providing evidence and proving the premises’ owner liable for the injuries you sustained. The lawyer can offer their help through the following ways:
Collecting situational evidence that will prove the property owner liable for your injuries.
Finding out the awareness of the property owner concerning the condition of the sidewalk.
Convincing the court of law in Florida that the accident could not have happened, the property owner took regular care of their premises.
Presenting the responsibility of the property owner that could have prevented the incident from occurring.
