Property owners have a legal and moral responsibility to maintain their properties and protect anyone(elderly,weather condition etc.) that enters the premises. If you suffer injuries in a slip and fall caused by a hazard on the property, you may be entitled to damages from the parties responsible for your injuries. The team at the Law Firm of Anidjar & Levine has handled countless slip and fall cases and can help you hold a property owner liable for his negligence.
How do I Recover Compensation for my Slip and Fall Injuries?
To get the compensation you deserve, we must file a claim with the at-fault party’s homeowner’s, renter’s, or business insurance. Before we do so, we need to make sure that you have a solid case against the property owner. We will gather information from the following sources:
- The scene of the accident
- Inspection logs from the property owner
- Medical records detailing your injuries, doctor’s visits, surgeries, therapy, and medications
- Witnesses who saw the accident
- Surveillance video
- Medical and scientific experts who can analyze the cause of the accident and the severity of the injuries
We will use the evidence we collect to establish the following:
Your Status as a Visitor
When you are on someone else’s property, you fall under one of three categories: invitee, licensee, or trespasser. We will need to determine which category you fall under before proceeding with our investigation:
- Invitee: When property owners invite someone onto their property for a lawful reason, that person is an invitee. For example, when department stores invite consumers to shop at their stores, the shopper is an invitee.
- Licensee: This person has permission to be on the property owner’s premises, generally for his own purposes. For example, a person visiting a friend without an express invitation may be a licensee.
- Trespasser: A trespasser is on someone else’s property without permission.
The Property Owner Owed You a Duty of Care.
The property owner’s duty to you varies depending on your status as a visitor:
- If you are an invitee, property owners owe you the highest level of responsibility. This means that they must make reasonable efforts to maintain and repair their property to prevent injuries.
- If you are a licensee, the property owner owes you a slightly lower level of responsibility than he would owe an invitee. The law requires property owners to warn licensees of dangerous conditions that are not obvious to the reasonable person.
- If you are an undiscovered trespasser, the property owner generally owes you no duty other than to avoid intentionally injuring you. However, if the property owner is aware of the trespasser, he has a duty to warn of non-obvious conditions.
Generally, if you are an invitee or licensee, you will have a better chance at winning a case against a property owner than a trespasser. However, even trespassers have recovered damages in some cases. Talk to one of our premises liability attorneys to discuss the specifics of your case and determine your chances at recovery.
There was a Dangerous Condition on the Property.
Next, we will need to investigate the scene of the accident and determine whether there was a dangerous condition on the property. We will present photographs and surveillance footage of the scene and interview eyewitnesses to establish that there was a dangerous condition on the property.
The Property Owner Knew or had Reason to Know of the Dangerous Conditions on the Property.
Property owners must make reasonable efforts to keep their property free of hazards. Property owners who fail to adequately maintain their property are guilty of negligence.
We will need to prove that the property owner knew or should have known of the dangerous condition that caused your injury. If there is evidence that the property owner inspected the property shortly before the accident, it is likely he knew or should have known about the hazard.
It will be difficult to recover compensation for hazards like a spill, unless it had been there for more than a few minutes.
The Property Owner did not Fix or Warn of the Conditions Despite having Known About Them.
If a property owner was aware of the dangerous condition but failed to remedy it, he is likely negligent and, therefore, liable for your injuries. Witnesses can help us establish that the property owner was aware of the condition before the accident but failed to do anything about it.
You Suffered Injuries on the Property.
We can prove that you suffered injuries on the property by referring to your medical records and allowing your physicians to testify in court. Many slip and fall victims suffer severe head injuries, back and neck injuries, and broken bones.
The Dangerous Condition in Question Caused Your Injuries.
Now that we have proven that there was a dangerous condition on the property and that you suffered an injury on the property, we will need to prove that the dangerous condition on the property caused your injuries. In order to prove causation, we may consult medical and engineering experts to discuss the mechanisms of your injury. Our experts will help establish that your injuries would not have occurred if not for the property owner’s failure to fix the hazard.
We Fight For Your Right to Compensation
Victims of slip and falls may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. Our Boca Raton slip and fall attorneys believe that your family deserves compensation for the hardships you have experienced. To discuss the details of your premises liability claim, call us today at 800-747-3733.
We Can Help.