Business owners in Miami are required to maintain their premises to ensure they are free from unsafe or hazardous conditions. If an unsafe condition exists, a business owner is expected to warn visitors so that it can be avoided. Any business owners who neglect to do this can sometimes be held accountable for a slip and fall accident that occurs on their property.
How to Prove Liability in a Slip and Fall Case
If an individual slips and falls in a business establishment in Miami, Florida law requires that they prove the following1:
- The “business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”
For example, if a business owner was aware that the stairs used to enter their property were defective and posed as a threat to visitors but failed to get them repaired, the owner could be held financially liable for a slip and fall victim’s injuries. A business establishment could also be held financially liable if the owner or operator wasn’t aware of an unsafe condition but should have been.
An individual can often prove an unsafe condition existed with photos, surveillance footage, repair estimates, etc., however, because certain types of evidence can be tricky to gain access to, a slip and fall accident victim should enlist the help of a lawyer to assist them with this.
How can a slip and fall accident victim prove a business establishment should have been aware of an unsafe condition?
According to Florida Statute § 768.0755, a person can prove a business establishment should have been aware of a dangerous condition by showing that”
- “The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition.
- “The condition occurred with regularity and was therefore foreseeable.”
Is it hard to prove liability in a slip and fall case?
Slip and fall cases, like all other types of personal injury cases, carry certain challenges. For instance, property owners and operators aren’t always quick to accept blame for a slip and fall incident. Instead, they may say it was the victim’s negligence that led to the incident occurring. In a situation like this, the victim will have to prove that they weren’t doing anything wrong at the time of the incident but instead, it was the property owner’s negligence that caused their fall.
Get Connected with a Miami, FL Personal Injury Attorney Who Can Help
If an individual recently fell on someone else’s property and would like to find out if they are entitled to compensation for their injuries, they can contact Mario Trespalacios P.A. for a free consultation. A personal injury attorney at this firm will help an individual understand their legal rights as well as what forms of action they can take to get them the money they deserve.
Mario Trespalacios P.A. can be contacted at:
9495 SW 72 Street, Suite B-275
Miami, FL 33173