Slipping and falling may not sound serious, but it can cause injuries that can put you out of work and lead to a long recovery process. Falling and breaking a bone can disrupt your life for a long time to come. An attorney could help you seek compensation that would pay you for your injuries.
Part of the reason you need an attorney in your slip and fall case is that the property owner is not automatically legally responsible for your injuries. Whether you are able to receive compensation for your injuries depends on the facts of your case. The Little Haiti slip and fall attorney could present facts to the insurance company or a court that would show why someone else is to blame for your injuries.
Proving Negligence in a Slip and Fall
The legal standard in a slip and fall case is that you need to show that the defendant was negligent. In this type of case, your attorney would need to focus on the actions or inactions of the other side. Specifically, you would have to prove that they acted unreasonably.
This is where it can get complicated. What is “reasonable” on the part of a property owner can be entirely subjective. Here, the insurance company or jury would focus on what an average property owner would do under the circumstances. This is where you need persuasive legal counsel.
For example, a jury may find it reasonable that it could take a store manager a few minutes to clean up a spill in the aisle after another customer broke a bottle. However, there are numerous actions that could be unreasonable. In a sense, a jury may ask the age-old question of “what did the defendant know, and when did they know it?”
In the example above, if some time had passed after the spill, it would be a dangerous condition that the property owner should have known about and fixed.
Examples of Negligence in a Slip and Fall Case
Some examples of conduct that would likely be deemed negligent in a slip and fall case include:
- Failing to fix or put a warning around broken or uneven pavement on a sidewalk or parking lot
- Failure to remove debris from a sidewalk or premises for some time, and a customer or guest trips over it
- The plaintiff could slip on a wet surface that was not adequately marked with the appropriate caution sign.
Possible Ways that the Insurance Company Can Contest Liability
Any slip and fall defendant could try to disclaim liability by saying that they either did not know about the condition at the time that the plaintiff fell or that they only learned of it a short time before. Alternatively, they may try to claim that the plaintiff themselves was negligent. In any event, many insurance companies may try to contest liability in these cases. This is why you need an attorney to present your side of the story.
The other area where an insurance company may try to fight your slip and fall case is by claiming that you are either not injured or that your medical issues are the result of a prior injury. Slip and fall cases could involve:
- Neck and back injuries
- Concussions and other traumatic brain injuries
- Broken bones and fractures
- Severe soft tissue injuries
At 388CEDA, we have chiropractors, neurologists, and orthopedists who can diagnose, thoroughly document, and treat your injuries. There is no need to suffer after your injury. Let our physicians treat you and help put you on the road to recovery.
If You Need to Find a Slip and Fall Lawyer in Little Haiti, We Can Help
Let us do the work of providing you with medical care and recommending an attorney to you upon request. We are committed to getting you the help that you need when you need it. Call us at 1-800-388-CEDAas soon as possible, so you can get started with your legal process and be on the road to recovery. We aim to make a difficult time a little less difficult.
388CEDA is not a law firm or an attorney referral service. 388CEDA does not provide legal advice, services, or legal representation to anyone including but not limited to visitors to this site or individuals/persons responding to our advertisements. In Florida, 388CEDA provides the following types of physician services: M.D., Orthopedic Surgeons, Anesthesiologists, General Practitioners, Nurse Practitioners, & D.C., Chiropractic Physicians that document and treat individuals that have suffered injuries. Results may vary and are not guaranteed. If you have any questions or need assistance, please call one of our agents at 388CEDA. We work with experienced attorneys.
