Every year in the United States, slip-and-fall accidents account for thousands of emergency room visits, with businesses being the setting for countless incidents. Behind these statistics are real people facing real consequences: fractured bones, soft tissue injuries and even traumatic brain injuries that disrupt lives and livelihoods.
If you suffer an injury while on a commercial property, will the owner bear the responsibility of paying for the medical bills and lost wages?
Premises liability and duty of care
Property owners must keep their premises safe for visitors. This responsibility is called the “duty of care.” They should regularly check for hazards, such as spills or uneven surfaces, and must promptly fix or warn visitors about them. Florida law states that property owners are liable for injuries if they know about a dangerous condition and do not take reasonable steps to correct it or warn others.
Understanding this concept is key to determining if a business is responsible for your slip-and-fall accident. If a business owner failed to take the right steps to prevent your fall, they may be liable for your damages.
Proving negligence in a slip-and-fall case
To win a slip-and-fall case, you must show the business was negligent. This means proving that the business failed to maintain a safe environment and that their carelessness caused your injuries.
In Florida, you have to show that the business had actual or constructive knowledge of the dangerous conditions. “Actual knowledge” means the owner knew about the dangerous condition. “Constructive knowledge” means the owner should have known about the dangerous condition through reasonable care.
Damages you can recover
If you succeed in your slip-and-fall case, you may be able to recover different types of damages. These damages can include medical expenses, lost wages and pain and suffering.
Medical expenses cover the cost of treatment for your injuries. Lost wages compensate you for the income you lost because you could not work. Pain and suffering cover the physical and emotional distress caused by the accident.
The amount of compensation you receive will depend on the severity of your injuries and the impact on your life. Keep thorough records of all medical treatments, lost income and related expenses to support your claim.