Liability in Tampa Bay area slip and fall cases typically falls on a negligent property owner if their carelessness caused or contributed to an accident. Proving liability requires you to show evidence proving the property owner satisfied the elements of negligence.
A premises liability attorney can help you to prove liability in a slip and fall case in the Tampa Bay area. They understand the steps they must take to build a strong case against the property owner. They also can support you and help reduce the stress you may feel throughout the legal process.
When Liability Falls on the Property Owner In A Tampa Bay Slip And Fall Case
Florida Statutes § 768.81 defines negligence as the failure to exercise a reasonable degree of care expected of someone. Property owners must keep their properties safe to minimize the risk of harming another person. If not, they must properly warn patrons of the danger.
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Proving Liability In Slip And Fall Cases In Tampa Bay Based On Negligence
The evidence must prove the property owner satisfied the four elements of negligence, which are the following:
The Property Owner Owed You A Duty Of Care
You must prove the property owner owed you a standard level of care. Property owners must maintain their property well to help prevent slip and fall accidents. For example, if water spills on the property’s floor, they owe their patrons a duty to clean it promptly or alert patrons that the floor is wet. Property owners typically owe their patrons a duty of care, so it is easier to prove this element of negligence than others.
The Property Owner Breached Their Duty
Property owners breach their duty when they don’t keep their premises safe. It is an important component of negligence because it shows the property owner didn’t uphold their duty of care. For example, if they mop the floor and know that it’s wet and could cause an accident, they must put a “wet floor” sign out to alert patrons of the potential danger. If they don’t, they breach their duty of care to provide a safe environment for their patrons.
You could provide photographs of the wet floor without a warning sign to prove the property owner breached their duty. You could also see if you could get video footage of the accident to show the wet floor caused your injuries.
You Had A Slip And Fall Accident And Sustained Injuries Because Of The Breach Of Duty
Next, you must prove the property owner’s breach of duty caused your injuries. In the example that you slipped on a wet floor without proper signage, you must show you slipped because you didn’t know about the wet floor.
A Tampa slip and fall lawyer can help you prove the correlation between the breach of duty and your injuries.
You Incurred Damages Because Of The Slip And Fall Accident
The last element of negligence you must prove is that you incurred damages. Damages can include compensatory and non-compensatory losses. Without suffering losses, you would have no grounds to seek compensation from the liable party. Damages could include the following:
- The medical expenses you incurred if medical professionals had to treat your injuries.
- Rehabilitative treatments if you require them to help your injuries improve.
- The income you lost if you couldn’t work during your injury recovery.
- The future income you could lose if your injuries prevent you from working again or in a similar capacity that you could before the accident.
- Non-economic damages if your injuries affect your physical and mental health.
Medical bills, pay stubs, and testimony from your medical care providers and employer can help to prove you sustained accident damages.
An Attorney Can Help You Prove Liability In A Slip And Fall Case
An attorney can act as a powerful resource when you need to prove liability in a slip-and-fall accident case. They can handle all aspects of the investigation so you can focus solely on recovering from your injuries. In addition, your attorney can add more value because of their legal knowledge and experience.
An attorney can do the following:
- Investigate the incident
- Gather and organize evidence
- Speak to accident witnesses
- File the accident claim
- Handle communications with the opposing party
- Identify your losses
- Present your case to the opposing party
- Negotiate for a fair settlement
- Filing a lawsuit if necessary
When you hire legal counsel to help you prove liability in a Tampa Bay slip and fall case, you can have someone with legal knowledge on your side. This can help you to avoid any issues that could extend the length of your case. They can navigate any issues you might encounter when going through the legal process.
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Contact A Premises Liability Attorney Today For A Free Consultation
When you suffer an injury after a slip-and-fall accident on someone else’s property, you could experience intense physical pain, medical expenses, and lost income. You shouldn’t have to pay for these losses when a negligent property owner caused your injuries. With an attorney’s help, you can get the help you need to get through this stressful process.
Contact the premises liability attorneys from the Law Offices of Anidjar & Levine today for a free consultation. You don’t have to go through the claims process alone. Let us stand by your side as you seek compensation for your losses. We offer compassionate and responsive legal representation to those who have suffered injuries because of someone else’s negligence. Our attorneys can help you prove liability in a Tampa Bay area slip and fall accident case.
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