Hallandale Beach, Florida, Slip-And-Fall Lawyer
One of the most common reasons that people file personal injury lawsuits in Hallandale Beach is because they tripped and fell on another person’s property. While many slip-and-fall accidents do not result in serious injuries, others start a chain of events, including expensive medical treatments and rehabilitation. If your fall was the result of another’s carelessness, you should be reimbursed for your financial losses.
At my firm, Jared Newman, Esq., I have the experience and resources to handle complex cases. I am Hallandale Beach slip-and-fall lawyer Jared Newman, and I understand the challenges in proving that a defendant was negligent. Every personal injury case presents its own unique hurdles and slip-and-fall investigations, and litigation is no different. Call my office at 954-329-5955 for a free appointment.
Who Is Liable For Slip-And-Fall Accidents In Hallandale Beach?
Just because someone fell on another’s property does not mean that the property owner could be held responsible. To file a slip-and-fall claim and hold a property owner liable for your injuries in Florida, you must demonstrate that the owner’s conduct or failure to act substantially contributed to or caused the accident.
Property owners in Hallandale Beach owe people invited onto their property certain obligations. When an owner fails to adhere to their responsibilities, they could be held financially accountable for any injuries or damages that occur.
Premises Liability Laws In Florida
Florida’s premises liability laws govern commercial and residential properties in Hallandale Beach. Under these laws, property owners and managers have a responsibility to keep their properties free of hazards and safe for their guests. When a dangerous condition arises, the property owner or manager is required to address it in a prompt and reasonable manner. While the condition exists, they also have a duty to take steps to mitigate the harm and protect their guests from the dangerous condition. When a known hazardous condition is not addressed, the property owner or manager could be held financially responsible for any injuries.
Slip-And-Fall Accidents On Residential Properties
People are not always hurt in slip-and-fall accidents in commercial properties. Residential properties, such as houses, condominiums and apartments, are also the scene of injuries. When someone is hurt while on a residential property, a number of parties might be held liable, including the homeowner, tenant, landlord, property manager or the homeowners’ association. I will thoroughly examine the facts of your case to determine what party or parties could be held accountable.
Slip-And-Fall Accidents On Commercial Properties
There are many commercial properties throughout Hallandale Beach, including clothing stores, supermarkets, shopping malls, marinas and office buildings. Florida’s premises liability laws apply to commercial property owners and managers. When a hazardous condition exists, such as a spilled item in a grocery store aisle, the owner or manager of a commercial property must address the dangerous condition and protect their guests from injuries.
Proving Negligence In A Hallandale Beach Slip-And-Fall Accident
In most personal injury lawsuits, a plaintiff must demonstrate that another party was negligent. A slip-and-fall lawsuit is no different. To prove negligence, an injured plaintiff will have to show four elements.
The first element is duty of care. Duty of care is the legal responsibility that one party owes another not to cause harm. In a slip-and-fall case, the duty of care will be based on the relationship between the property owner and the plaintiff. A store owner owes their customers a different obligation than a homeowner.
Next, the property owner must have breached their duty. For example, if a store manager has been made aware of a spill and takes no actions to address the dangerous condition, it could constitute a breach. In a slip-and-fall case, establishing a breach is often the most challenging task.
The plaintiff’s injury must have been a result of the defendant’s breach. In a slip-and-fall case, a connection must be made between the defendant’s conduct or inaction, the dangerous condition and the injury.
Finally, the plaintiff must have suffered an injury or damages. Any monetary losses a person incurs because of an injury are considered damages. I will help you assess your total damages.
Comparative Negligence In Slip-And-Fall Cases
When a jury receives their instructions in a Florida slip-and-fall case, they will be required to assess the negligence of all parties involved in an accident – including the injured plaintiff. If the jury finds that the plaintiff’s actions contributed to their injury, they will assign a percentage of fault. This percentage will be used by the court to reduce the compensation that might have been awarded to the plaintiff.
Insurance companies and defense attorneys will often try to take advantage of Florida’s comparative negligence laws to blame the injured plaintiff. One tactic they will use is to claim that the hazard was open and obvious and that the plaintiff should have avoided it. While this will not eliminate a property owner’s obligation to responsibly maintain their property, it could mitigate the requirement to warn others and shift a part of the blame onto the injured person.
If You Were Hurt On Someone Else’s Property In Hallandale Beach, I Can Help
At Jared Newman, Esq., I understand the challenges and difficulties involved in a slip-and-fall case. Defense attorneys and insurance companies will aggressively fight to shift the blame onto the victim. I will not only work to build a case to establish that a property owner should be held accountable, but I will also develop strategies to counter any arguments that my client was at fault. To discuss your potential case, call 954-329-5955 and schedule a consultation.