For Florida residents who suffer injuries in slip-and-fall incidents, probably one of the most daunting prospects of initiating legal action is engaging with the courts and justice system which, let’s face it, most people never have to do.
Yes, many people go to court over traffic tickets or for family law matters, but in a personal injury case the plaintiff is making a clam: “You did something wrong, and I should be compensated for it.”
Breaking down legal concepts like that is crucial for understanding how a civil lawsuit proceeds and, ultimately, how the case might be decided.
In a slip-and-fall case, the concept of negligence is key. The basis of negligence is this: the defendant failed to act in a way in which a reasonable person should have in order to avoid the risk of injury to others. If their negligence caused the other person injury, the injured party can hold the negligent party liable for the damages they suffered as a result of the injury. This is the basis of most car accident cases, for example.
So, what does negligence look like in a slip-and-fall case? Well, facts always vary, but a shopkeeper failing to mop up a slippery mess is one example. Another might be the failure of a property owner to address icy walkways in winter weather.
In short, the property owner or operator should have done something to address a safety hazard, but didn’t.
Analyzing your claim
Negligence can be a hazy, vague concept, even for those who are involved in the civil legal system every day. Any Florida residents who have been injured in slip-and-fall incidents should be sure to have their potential claim analyzed carefully for the chances of success.