Slip and Fall Accidents in Florida: Who Is Liable?

Safety issues at your favorite restaurant, coffee shop, or store may lead to a slip and fall accident. The last thing a patron wants is to encounter a dangerous condition while shopping. However, these accidents take place frequently. The question that must be answered in response to a slip and fall accident is: who is liable?

Determining fault in slip and fall accidents is a major step to take in being made whole after suffering an injury in a slip and fall accident. There is no team of legal advocates better suited to help an injured person than Difilippo & Pica, PLLC.

What does it mean to be liable for a slip and fall accident?

Slip and fall accidents fall under the category of premises liability cases. Under the legal theory of premises liability, property owners and managers of businesses have a legal responsibility to maintain their property in order to be a safe place for patrons and visitors.

When safety issues arise on a property, such as wet surfaces or tripping hazards, the property owner must take reasonable steps to remedy that dangerous condition. Failing to take reasonable steps to rectify a dangerous condition constitutes negligence on the part of the property owner. Property owners, managers, contractors, and landlords may all be held liable for a person’s injuries in a slip and fall accident.

What are the four elements of a successful slip and fall case?

A slip and fall case is built upon four key elements, which must be proven to be awarded compensation.

First, the injured person must prove a duty of care on the part of the property owner. The duty of care in a slip and fall case involves maintaining the property to the extent that it does not pose an unreasonable risk of harm to a patron or other invited guest.

Next, it must be proven that the duty of care was breached by a responsible party. Was there a dangerous condition on the property that remained unattended to? Did that dangerous condition lead to a slip and fall injury? As we are about to see, that is where we are headed in this analysis of the four steps that must be found to exist in a slip and fall case.

The third step in determining liability in a slip and fall case is causation of the injuries suffered. As in, did the dangerous condition cause the injuries sustained in the slip and fall? In a slip and fall case, this is often the most difficult step to prove.

Finally, an injured person must have suffered damages in the slip and fall accident. Damages could be physical injuries, pain and suffering, medical bills, or lost wages from being unable to work. Having an experienced slip and fall accident attorney is key to proving damages.

Difilippo & Pica, PLLC- trusted advocates for injured Floridians

Stand up for your rights after being injured in a slip and fall accident. Contact Difilippo & Pica, PLLC for a confidential consultation.