The Burden of Proof in a Slip and Fall Case in Florida

If you have been involved in an accident on someone else’s property, you have certainly asked yourself, what to do after a slip and fall accident. First thing’s first- see your doctor. It may seem you didn’t sustain any serious injuries but the reality may be that you need medical treatment as soon as possible. Your health should be number 1 priority and all the medical documentation will help you if you file a lawsuit. Also, you need to take photos of the location where you fell and the actual conditions so you can prove what caused the accident.

Can I sue a company if I fall on their property?

The answer is yes. If you fell and injured yourself on someone else’s property you can sue them. However, if the slip trip and fall accident occurred in Florida you should be aware that Florida law has changed a few years ago. People injured in slip and fall accidents have a much greater burden of proof. It’s not enough just to prove that the injury was caused by a substance or an object out of place or hazardous; now you have to prove that a business owner or property owner knew or ought to have known about the hazard and failed to correct it, thus leading to the fall.

One important thing we recommend is that you hire an experienced personal injury attorney, who can explain all the requirements and limitations of the Florida law. According to the Florida statutes that apply to almost all personal injury cases in Florida, a plaintiff has four years after the accident to file a claim against a property owner where the accident happened.

Comparative negligence in Florida slip and fall cases

If your slip and fall lawsuit gets to Florida court, be sure that the defendant will try to argue that you bear some amount of responsibility the accident happened. If they prove it, your settlement is likely to be reduced. However, even if you don’t get to court, the comparative negligence rule will still play a part in determining your settlement amount.

Since it’s not easy to prove the negligence of the property owner in a slip and fall accident in Florida, the defendant may be less likely to settle quickly. This is the reason why you should always consult and hire a personal injury lawyer who can help you win your case and receive the compensation you deserve. Tampa personal injury attorney Dan Zohar is always here to help. Get a free consultation! Call today at (800) 963-3311!