Boca Raton, FL – Slip and fall injuries are a common source of injuries and fatalities throughout the United States. Because of this problem, property owners are responsible for keeping areas safe and clear for expected guests. When they fail to do so, they may be named as a defendant in a civil lawsuit for damages to pay for the victim’s injuries. However, in order to be successful, the victim needs to prove certain elements of negligence and show that the defendant failed to fix a known hazard or take reasonable precautions to avoid accidents.
The duty of care
All negligence actions start by establishing a relevant duty of care and show that the defendant deviated from this standard in some significant way. A common example of a lack of care in a slip and fall case is when a grocery store leaves spilled liquids on the floor for an extended period of time without cleaning the spill up.
One way of showing a breach of the duty of care is to show that some kind of foreign object or substance remained in an area where it was not supposed to be. Something as common as water can become a serious problem if it is not cleared from a walkway in a short period of time. In other words, the property owner would breach their duty of care if they left a heavily travelled area in a condition that was likely to cause injuries. The defendant can attempt to say that they did not have enough time or an opportunity to clear the area, especially if another customer was responsible for the problem. There will need to be a fact intensive inquiry about the relevant length of time and other issues.
Causation and damages
Another element of negligence is to show that the defendant’s actions were the actual cause of the victim’s injuries. In a case where a slip and fall accident is involved, this is usually a simple step, as the fall is almost always the cause of the injuries. It is more important to determine if the business was responsible for the initial hazard.
Finally, the plaintiff is able to add up their medical bills and other losses for the element of damages. This is the amount that the defendant must pay if they are liable.
Help from a personal injury lawyer in Boca Raton
Rosenberg Injury Law is an experienced firm that handles various issues related to accidents and civil lawsuits in Florida. A meeting with one of their attorneys is the best way for an injured person to start the process to receive compensation.
Firm contact info:
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487