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Comparative Fault in Florida Slip and Fall Cases

slip hazardSlip and fall accidents can lead to serious injuries. If you have been injured in a slip and fall accident, the case may seem relatively straightforward. However, this is not always the case. At the Law Offices of Robert Dixon, our skilled Miami premises liability attorney can assess the merits of your case and help you try to hold the negligent parties accountable. With years of experience, we have helped many South Florida clients and can help you as well.

Property owners in Florida have an obligation to maintain their premises in reasonably safe conditions in order not to injure those who enter the land. Under Florida law, a property owner is not automatically liable simply because someone was injured on his or her property. Instead, a property owner will be liable if he or she was negligent. Negligence occurs when a property owner causes an injury by failing to use the level of care that a reasonably prudent property owner in the same situation would have used. Negligence can also take place through omission, namely, a failure to act when there is a duty to do so.

Establishing liability in a slip and fall case can be complicated for a number of reasons, one of them being the doctrine of pure comparative negligence. Pure comparative negligence apportions relative fault among all of the parties involved. Under the doctrine, your recovery will be limited by your amount of negligence. For example, if your actions are deemed to be 20 percent responsible, your damages will be reduced by that amount. In sum, you will be entitled to an award of 80 percent of your total monetary recovery.

In some slip and fall cases, the defendant may try to establish that the victim was somehow responsible or contributed to the accident. The defendant may allege that the plaintiff was comparatively negligent through one of the following arguments:

  • The plaintiff was somewhere on the property that he or she should not have been;
  • The plaintiff’s footwear was responsible for the accident;
  • There were signs or warnings regarding the hazard that caused the fall; or
  • The hazard that led to the slip and fall was obvious and easy to see.

Florida’s comparative negligence laws often play a significant factor when evaluating any premises liability claim. If someone slips and falls on a clearly marked wet floor because they were texting while walking, for instance, the defendant will likely allege that their actions played a role in the accident and their resulting injuries.

Slip and fall accidents can have serious and long-term consequences for an accident victim. If you have been hurt in a slip and fall accident, you may be entitled to compensation for your injuries. At the Law Offices of Robert Dixon, our premises liability attorneys have the experience and dedication to handle your claim. We can scrutinize the facts of your case and come up with a legal strategy accordingly. To discuss your legal rights and options in more detail, call us at 1-877-499-HURT (4878) or contact us online today.

More Blog Posts:

Drugged Drivers in Florida, South Florida Injury Lawyer Blawg, May 4, 2017

Who is Liable for Dryer and Washing Fires in Florida Homes?, South Florida Injury Lawyer Blawg, May 4, 2017

Burn Injury Malpractice in Florida, South Florida Injury Lawyer Blawg, May 4, 2017