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Slip and Fall Injuries and Proving an Existing Hazard


Injuries due to slips, trips, or falls can happen anywhere, from grocery stores to restaurants. If you have been injured and are hoping to secure compensation, know that proving liability in a slip and fall case is part of the process, and this often hinges on demonstrating the existence of a hazardous condition.

You don’t have to guess if you have the right documentation or not. Instead, a Delray Beach personal injury attorney can guide you through the essential pieces of a strong slip and fall case and help you gather the evidence you need to build a strong Florida claim.

Property Owner Negligence and Addressing Risk

To have a successful slip and fall claim, it’s essential to prove that a hazardous condition existed on the property, and the property owner or manager knew about it and didn’t fix it or alert others to the danger. Establishing that a hazard was present can often be done in the following ways.

  • Securing your own evidence. As soon as possible after the incident, take photos or videos of the accident scene, including the hazardous condition that resulted in you sustaining an accident injury. Gathering names and contact information from witnesses is also advised.
  • Accessing maintenance records. Often an attorney can help you access maintenance and inspection records from the property owner or management to buoy your claim. These documents can provide a timeline of if a property owner was aware of a danger, when they were alerted to the risk, and if they took any moves to address it.
  • Establish duty of care. A strong slip and fall claim will illustrate that the property owner owes you a duty of care, essentially that they have a responsibility to keep their premises safe for staff, customers, visitors, and guests.
  • Obtain a copy of the incident report. If you fall, trip, or slip in a commercial establishment, be sure to let the organization know so they can file an incident report. You also should request a copy.

Navigating a slip and fall injury case in Florida can be complex. You may notice discrepancies in a commercial establishment’s incident report and may find an insurance company is attempting to minimize their liability in connection with that faulty report. Protect your rights, consult with an experienced Delray Beach personal injury attorney. who understands the nuances of Florida’s laws.

Legal Support Will Support Your Claim

It is not always a quick process, proving an existing hazard, but it is a critical element in a slip and fall injury case. By gathering evidence, demonstrating negligence, and enlisting the help of a skilled personal injury attorney, you can increase your chances of obtaining fair compensation for your injuries.

Could a settlement assist you in coping with medical expenses and other losses? After a slip and fall accident injury, don’t hesitate to seek legal guidance and pursue justice. Connect with over 30 years of experience when you connect the lawyers at Earnhart Law. To schedule your no-cost consultation, contact us online.

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