4 Things You Need to Know about Slip and Fall Cases
Slip and fall accidents can be quite serious. Many people suffer catastrophic injuries whereas others suffer no more than a bump on the head. Regardless of how the accident unfolded, you need to carefully consider whether to bring a claim for compensation.
There is a lot of inaccurate information on the Internet, especially regarding legal issues. Below, our Delray Beach premises liability attorney runs through 4 key considerations after you take a spill. If you want an individualized case review, please contact Earnhart Law today.
Slip and Fall Injuries Are Serious
You might pick yourself up after falling and feel “okay.” Maybe your neck hurts a little or you feel a tingling sensation in one of your arms. You might dismiss these problems, only to watch that they get worse over the next few days.
Many slip and fall injuries might appear minor at first. However, brain injuries, back injuries, and neck injuries can all become progressively worse if they are not treated. If you feel a pain after falling, you might want to go to the doctor and have it checked out. Your doctor can order diagnostic tests to find out if you have broken a bone or hurt another part of your body.
You Can’t Always Sue
Not every fall can sustain a lawsuit. Instead, a victim needs to show that the person in control of the property was negligent in their upkeep. For example, a dangerous condition might have existed on the property which was never fixed and which visitors were never warned about. As an example, if a store owner knew there was spilled liquid in a grocery store aisle, they would be negligent not to warn anyone or clean it up in a reasonable amount of time.
To determine whether you can sue, discuss your case with an attorney. Your attorney will ask pointed questions to better understand the moments leading up to your fall.
You Might Need to Investigate Who to Sue
Florida law imposes duties on property owners. But who do you sue if the property is being leased? For example, you might slip and fall inside a store in the mall. Do you sue the store tenant? The property management company? The company that owns the entire mall?
We don’t expect injured victims to perform this type of thorough investigation on their own. Instead, hire an attorney to help you identify the proper defendant in your slip and fall case.
Your Own Negligence Can Reduce Your Compensation
Florida is a comparative fault state. The law recognizes that some people who slip and fall also were negligent themselves. For example, you might have been looking at your cell phone, so you slipped on something you shouldn’t have. This negligence can reduce the amount of compensation you receive.
Florida also recognizes that you probably can’t sue at all if the hazard was open and obvious. For example, if there is a big hole in the ground and you walk up to it, you are probably to blame for falling in.
Speak with a Slip and Fall Attorney in Delray Beach
At Earnhart Law, our Delray Beach premises liability attorneys have helped many people bring claims for compensation after a slip and fall accident. Please contact us today. You can schedule a consultation by calling 561-265-2220.