Slip and Fall Accidents on an Exterior Sidewalk in Florida
Who Is Responsible for Slip and Fall Accidents on an Exterior Sidewalk in Florida?
A person losing his or her footing on a sidewalk and falling may seem like very commonplace events. In Florida, slip and fall accidents make up a substantial bulk of personal injury claims. Often, questions arise about who is liable during such events.
Falls can lead to serious injuries. According to the CDC, the victims of slip and fall accidents have a 20% chance of sustaining:
- Severe head trauma
- Traumatic brain injuries
With many victims ending up in emergency rooms, slip and fall accidents are the focal points of claims in Florida. If you have sustained an injury as a result of these incidents, you will need a personal injury lawyer.
Of course, seeking legal counsel must come after you have determined who is liable for the incident. Read on to learn more about slip and fall accidents in Florida and who can be held responsible.
The current provisions for premise liability are outlined in Chapter 768.0755 of the Florida Statutes. This chapter contains and encapsulates the premises liability law of the state.
According to the premise liability law, in the event of slip and fall accidents, the owners of a property on which the accidents occurred will retain accountability. For instance, a person can slip and fall on an exterior sidewalk within the premises of a local grocery store. When this occurs, the owner of the grocery store will be held liable and will have to compensate for personal injuries.
The liability for slip and fall accidents relies heavily upon the presence of several factors. These factors need to be proven to make a successful claim.
The Elements of Premises Liability and the Burden of Proof
By default, Florida’s premises liability law holds the owners of a premise accountable for any injuries that may occur within the property or premise’s threshold. However, although the law protects victims, the premises liability law does not automatically guarantee entitlement to compensation.
Liability and responsibility are premised upon two crucial factors:
- Slip and fall accidents should have already been prevalent at the time of an incident, making their occurrence foreseeable.
- The accidents on the premises were regular to the point where the owners should have known of them.
The presence of either one can entitle a person to make a personal injury claim. However, the premises liability law also states that the burden of proof is on the victim. The victim needs to prove that the owner of the premises or establishment knew about the condition of the sidewalk.
This is where the claim process becomes complicated. Often, the property or business owners can easily deny knowledge of the condition of their exterior sidewalks. This is where having a personal injury lawyer comes in.
Key Takeaway: Here is How a Personal Injury Attorney Can Help
If you need to prove the presence of the factors for liability, a personal injury lawyer is crucial. Your personal injury lawyer can help you in the following ways:
- Gathering circumstantial evidence that proves the culpability of the premise’s owner
- Establishing a property owner’s awareness of the condition of a sidewalk
- Convincing the courts of Florida that the slip and fall incident could have been prevented with the regular care and presence of the property or business owner
- Presenting the obligation of the premise’s owner to prevent the incident
If you or someone you know has been the victim of a slip and fall accident on an exterior sidewalk, call us now. Do not hesitate to reach out to us for legal counsel and representation for your personal injury claim.