You could slip and fall anywhere. You could be in the grocery store and fall on a wet floor. Or, you could be at a restaurant and slip on spilled condiments. There’s no way to know when it will happen. Boynton Beach slip and fall accident attorneys are there for you when it does happen.
Businesses and other property owners are required to keep their place of business safe. This means they keep their floors clean and dry. It also means they repair any unsafe conditions on their property.
Slip and falls are the most common type of personal injury case aside from car accidents. This is because most falls result in some type of injury. Rarely can you take a spill and walk away unscathed. And, if you get hurt, you have a right to be compensated.
Slip and fall cases are just like any other negligence case. Your lawyer has to prove that the defendant was negligent.
In order to prove negligence, you have to prove the following:
- The property owner was required to maintain safe conditions
- He failed to do so
- You were injured
- Your injuries were caused by your fall
It seems pretty simple. However, your lawyer still has to convince a jury that the defendant was at fault.
What if You’re Partly at Fault for Your Injuries?
It’s very rare that only one party to a lawsuit is at fault. Sure, the defendant is mostly at fault. It’s his property. He was the one required to keep it safe and clean. If he didn’t do that, he needs to be held accountable.
However, you may be deemed partly at fault. If this happens, your jury award will be reduced by your percentage of fault. This is because Florida follows comparative negligence law.
The good news is, if you’re partly at fault, your claim won’t be dismissed. There are states where this is the law. However, you won’t receive your full award if you’re partly at fault.
You may not be able to imagine a scenario where you’re responsible for your own slip and fall. However, it happens. Here are a couple examples:
Example 1: Let’s say you’re out shopping at a department store. You’re wearing high heels despite the fact that it’s snowing out. The parking lot is slippery. You walk through the store. The entryway is wet and slippery. The manager has been cleaning it all day but with store traffic, there’s only so much he can do. You fall and hurt your back. You also break your ankle.
The defendant is going to claim that your heels are the reason you fell. They’ll argue that you wouldn’t have fallen had you been wearing sensible shoes. Who wears high heels to go shopping in the snow? At a minimum, they’ll claim that you wouldn’t have broken your ankle if you were wearing different shoes. And, they may be right.
A jury would find that the defendant is primarily responsible for your fall. However, they may find that you were about 25% responsible as well. Your jury award would be reduced by 25%.
Example 2: You go out to eat with your family. You have a bit too much to drink. On the way out, you trip and fall on the rug by the cashier. You hurt your knee and break a few teeth. The manager admits that people trip on the rug all the time, but very few if any of them actually fall. In court, the defendant’s attorney will claim that you were partly at fault. If you hadn’t been drinking, maybe you wouldn’t have fallen. In this case, the court may find that you’re about 10-15% at fault. Your award will be reduced accordingly.
Your Slip and Fall Attorney Will Demand Compensation
Whether you’re partially at fault or not, your slip and fall lawyers are going to demand you be compensated. In a typical slip and fall case, your damages will include the following:
- Medical bills
- Lost wages
- Pain and suffering
If the defendant is held liable, he’ll have to provide compensation for your injuries. It’s important that you provide your Boynton Beach slip and fall accident lawyers with a copy of your accident report. This is usually filled out by you and turned in to the property or store manager.
The damages in a premises liability case aren’t usually that high. It really depends on the situation. Most business owners have insurance to cover these types of lawsuits. They know that, at some point, people are going to suffer slip and fall injuries at their establishment. It happens to even the most diligent of property owners.
Contact a Florida Slip and Fall Accident Lawyer Today
If you fall and get hurt at a business, you need to contact a Florida slip and fall accident lawyer. Your lawyer can help you deal with the defendant’s insurance company. If you’re lucky, your claim will be approved and you’ll get a check within a week or two. If you’re not lucky, your claim will be denied.
If your claim is denied, your lawyer will have no choice but to file suit. They’ll have to pursue a claim against all the responsible parties. They will work hard to settle your claim so you don’t have to go to court.
Call us at (800) 800-6500 and schedule a free initial consultation with a Florida injury lawyer today. You can ask any questions you may have. Your attorney can also review your case and let you know what it may be worth. The consultation is free and you pay nothing until your case settles.
The defendant will have lawyers working for them and you should too. Let an experienced Boynton Beach slip and fall lawyer help you get the compensation you deserve.