When a slip and fall injury occurs, the victim might consider who was at fault for the fall. Often someone who is hurt due to poorly maintained premises has a right to sue for their injuries. An area of negligence law known as premises liability law is designed to address scenarios where a property owner fails to properly maintain his or her property and a person is hurt as a result. This can include any number of situations, including when someone slips or trips on poor surfaces.
To successfully bring a claim under premises liability law, a plaintiff must prove the elements of negligence. These types of claims require a claimant demonstrate due, breach and injury.
The first element, duty, means that a defendant had a duty relating to the safety of the victim. This means that the person was required to keep the surface safe and free of defects for anyone who might reasonably be present. For commercial properties, this can include customers and on residential property it might include guests or other visitors.
Once a plaintiff proves that a defendant owed him or her a duty, the victim must prove that the defendant failed to fulfill their duty. This is known as breach. In order to prove breach, one must show not just the he or she fell, but that this was due to the fact that the defendant did not take reasonable steps to keep the premises safe. For instance, if a spill was present for a long time or a floorboard was loose, this might be enough to show breach.
Lastly, the plaintiff must have suffered an injury as a result of the breach. A fall is not enough without an accompanying injury. The plaintiff must have suffered real and measurable damages to qualify as an injury.
If you have been injured in a slip and fall accident, contact the skilled Florida personal injury attorneys at Goldman Babboni Fernandez & Walsh to learn more about your legal options.