The location of a slip and fall accident is important because property owners owe different levels of responsibility to those victims who suffer injuries due to an accident on their property. Business property owners, personal property owners, and government entities who own property all have different duties of care and obligations to victims who suffer injuries from slip and fall accidents on their property.
Business Owners Have a Legal Duty to Maintain Safe Premises
If a business opens to the public, they are required to maintain their property in a safe condition. If a slip and fall accident occurs at a grocery store, department store, or another business establishment, the property owner may be liable and responsible for any injuries or losses suffered by a victim due to a dangerous or hazardous condition.
Property owners are required to ensure their property, sidewalks, and parking lots are free from hazards that may cause injury to customers. Inside the store, property owners are required to ensure patrons do not fall due to poor lighting, debris in the walkways, or spilled liquids that may make the floors slippery. Even if a property owner did not directly create a hazardous condition, if they knew (or should have known) about the dangerous condition and failed to warn their customers or remove the danger, they may be liable for the injury suffered from a slip and fall accident.
Personal Injury Lawyer, Near You
(855) 529-0269Obvious Hazards May Not Make a Property Owner Liable
In some cases, there are certain dangerous conditions so obvious that any customer should have taken reasonable steps to avoid the unsafe area. If there is a large display or water fountain in the middle of a walking area, a reasonable person would have taken actions and used reasonable caution to protect themselves from such an obvious item.
Customers and patrons are not allowed to hold a business owner responsible for every possible accident that could occur, especially those a reasonable person would have avoided. A lawyer can help victims determine whether they can pursue a property owner for damages.
People Injured on Private Property Can Pursue the Owner
Another reason why the location of a slip and fall accident is important is in most cases, a private property owner has a legal obligation to guests (legally known as licensees) to ensure their property is maintained in a safe, hazard-free condition. If a guest of a private property owner slips and falls—depending on circumstances—the property owner may be liable if there was a dangerous and hazardous condition they either failed to warn their guest about or failed to address to ensure no injuries occurred. In these cases, the court will look to see if the property owner knew (or should have had reason to know) there was a hazardous condition on their property that could have led to a slip and fall accident causing injury.
Click to contact Chalik & Chalik's personal injury lawyers today
Trespassers Cannot Pursue Property Owners for Damages
No matter the location, a business or private property owner has no duty or obligation regarding unsafe conditions on their property to an illegal trespasser (as stated in FL § 768.075). If a person does not have the legal right to be on a property, they cannot file a claim against the property owner for any injuries or losses suffered from a slip and fall accident.
There are some exceptions to this rule, including the attractive nuisance doctrine, which states if a property owner has something on their property that would attract small children—such as a swimming pool—and a child is injured on the property due to failure to keep the area locked, the property owner may be liable for injuries or losses.
For a free legal consultation call
(855) 529-0269Government Property
If a slip and fall accident occurred on government property, there is a strict deadline (known as the statute of limitations) that requires an injured person to file a claim or lose their legal right to compensation for injuries. In Florida, victims have three years under FL § 768.21(6)(a). Additionally, many government entities only allow a certain amount of compensation (called caps) for victims of slip and fall accidents on government property. If you suffered injuries due to a slip and fall accident on government property, there are complex steps you will need to take to ensure your legal rights are protected.
Contact a Slip and Fall Injury Lawyer
Where a slip and fall accident occurred directly impacts a victim’s ability to obtain compensation for injuries and losses. If you suffered injuries or losses related to a slip and fall accident on a business, residential, or government property, contact Chalik & Chalik Injury Lawyers at (855) 529-0269.
We can help you understand your rights and build a personal injury case—no matter where your injuries occurred.
Call or text Chalik & Chalik
(855) 529-0269
Slip and Fall Accident Injuries to Joints
As Fort Myers personal injury attorneys, we have represented victims of premises liability accidents in Florida for a number of injuries. While head injuries can be some of the most serious injuries that victims of falls may suffer from, joint injuries are often the most common. Shoulder injuries from slip and fall accidents in South...
Scientists to study impact of worn shoes on slip and fall accidents
University of Pittsburgh researchers received a $1.5 million grant from the National Institute of Occupational Safety and Health to develop techniques for predicting the wear rate of footwear in order to reduce the risk of slip and fall accidents. The study is titled “Impact of Worn Shoes on Slipping.” The university’s Swanson School of Engineering...
How shoes can affect the outcome of a slip and fall case
Footwear can play an important role in slip and fall lawsuits. Florida’s liability system is based on comparative negligence, which means a jury can reduce an award by the extent the victim is deemed responsible for causing their injuries. While wearing certain types of footwear does not automatically make someone negligent, the defendant in a...
How exercise can reduce slip and fall accidents among the elderly
Recent research suggests step training and exercises for improving balance may help prevent seniors from slipping and falling. People over the age of 65 are particularly at risk for sustaining serious injuries from such accidents. A Yale University study has found that exercising can help older men significantly reduce their risk of dangerous falls. The...
What To Do If You Fall in a Supermarket
What you do after a fall in a supermarket may affect your legal options, if the fall was the result of another’s negligence. The most important things to do after you slip and fall in a South Florida supermarket are to check yourself for injuries and protect a potential claim by reporting your accident. Protect...
What Should I Do if I Slip and Fall at a Hilton Hotel?
An accidental fall can leave you with significant injuries, medical expenses, and other losses. If you slip and fall at a Hilton hotel, you should take steps to prove financial liability and recover damages. Get medical care immediately and stick to your prescribed treatment plan. You should also gather evidence at the accident scene if...
Who is Responsible for Fort Lauderdale Slip and Fall Injuries?
There are two main types of slip and fall accidents: Elevated falls – These occur when a person falls from one level down onto another. They can be as simple as tripping off a sidewalk into the road, or as complex as falling off scaffolding on a construction site. Same-level falls – These occur when...
Do You have to Pay Taxes on a Slip and Fall Settlement?
When you receive a settlement for a slip and fall accident, you might wonder if you have to pay taxes on the money. The answer depends on what the settlement covers. Some parts of a settlement are considered taxable by the Internal Revenue Service (IRS), while others are not. Understanding how the IRS treats different...