Slip and fall cases can be hard to win, but you do not have to go through this experience alone. You have the right to hire a lawyer who can help with your slip and fall case. Your lawyer can assume the responsibility of proving a property owner’s negligence and fight for fair compensation on your behalf.
Gathering Evidence to Prove a Property Owner’s Negligence
Slip and fall cases require you to prove a property owner failed to keep you safe on their premises. To do so, you will have to gather evidence of their negligence. Specifically, you must prove that the property owner knowingly allowed a hazard to persist or that they should have reasonably known about a dangerous condition on their property.
Proving That an Owner Should Have Known About a Hazard
It may be more difficult to prove that a property owner should have known about a hazard that caused your slip and fall. In these cases, the hazard usually stems from an issue that the owner failed to address. However, you still have to prove that they should have reasonably considered the risks.
For example, say that you slipped on a puddle that resulted from a leak in the ceiling. In this case, the owner may not have been aware of the puddle if it formed suddenly. Yet you can argue that the owner should have addressed the leaky ceiling a long time ago.
If the owner failed to conduct regular maintenance on their roof, they may be liable for that as well. Our legal team can review previous building inspections to gather evidence for your case.
Property Owners Can Fail in a Number of Ways
Identifying the specific hazard that caused your fall can be challenging, and you may not even be aware of how a property owner failed in their duty of care. When you hire a slip and fall lawyer from our firm and we investigate the property, there are several types of negligence that we may discover:
Perhaps you slipped in a poorly lit parking lot on the way to your car at night. Property owners must ensure they have adequate lighting to prevent accidents.
Poorly Maintained Premises
All premises require regular maintenance from time to time. However, some property owners fail to conduct necessary inspections and repairs.
A loose or broken handrail can cause guests or invitees to fall down a staircase. Property owners have a duty to ensure that handrails are secure and functioning properly.
Pavement often contains cracks or depressions that can lead to slip and fall accidents, especially if property owners fail to correct uneven pavement.
Inadequate Warning Signs
If a property owner cannot immediately address a hazard, they are required to warn their guests by posting clear signs around any dangerous areas.
Insurers May Deny or Undervalue Your Claim
Do most slip and fall cases settle out of court? Yes, they do. Going to trial in such a situation takes a lot of time, effort, and money for all parties involved. One of the easiest ways to solve the problem is settling outside the court with the help of insurance companies and specialized attorneys. However, you cannot walk this path alone, without legal representation, as insurance companies are not famous for working for your benefit.
If you file an insurance claim after your slip and fall accident, the adjuster will likely undervalue or could even deny your claim. They may try to shift the fault for your accident onto you, arguing that you contributed to your injuries. Our slip and fall lawyers can work to counter their determination of fault if necessary.
You Could Miss Your Deadline to File a Lawsuit
Another factor that can make a slip and fall case hard to win is deadlines. If you cannot negotiate a fair settlement with insurers, you have the right to seek compensation through a personal injury lawsuit.
However, you must also meet deadlines set by the state. According to Florida Statutes § 95.11(3)(a), you generally have four years from the date of the accident to take legal action. Under Florida Statutes § 95.11(4)(d), you generally only have two years to file a wrongful death lawsuit.
If you do not meet these deadlines, you could lose your opportunity to recover compensation from the liable party. It takes time to build a slip and fall case and negotiate a settlement, but these deadlines remain firm. Our team can take immediate action and work in a timely manner to help protect your right to pursue compensation. The sooner you begin your case, the better.
We Handle Your Case on a Contingency-Fee Basis
You do not have to risk further financial loss to hire a slip and fall lawyer. At our firm, we do not require any upfront fees or out-of-pocket expenses for our legal services. We only take our fee from a potential settlement or court-awarded offer – if you do not win, you owe us nothing.
Work with the Law Offices of Anidjar & Levine
Slip and fall cases can be hard to win, but this should not deter you from seeking justice. Our team of premises liability attorneys can work to hold a property owner liable for your losses and recover compensation for your medical bills, lost wages, and other damages. Take advantage of a free consultation by calling our firm today at 1-800-747-3733.
We Can Help.