When a slip and fall accident occurs on someone else’s property and injuries are sustained, who should be held liable for covering the victim’s medical expenses and other financial losses they incurred as a result of the incident? The answer depends on a number of different things. Was the individual engaging in negligent behavior at the time of the accident? Was it the property owner’s negligence that led to the slip and fall accident occurring?
The answers to these questions could determine if a slip and fall accident victim is entitled to recover compensation from the property owner and/or their insurer.
When a Property Owner is Liable for a Slip and Fall Accident
If a public or private property owner failed to ensure their property was reasonably safe for people to enter, they could be held financially liable for a victim’s injuries and other accident-related expenses. Now, because most landlords, businesses, and government entities are generally required to carry some amount of liability insurance, a victim would likely recover compensation from the property owner’s insurance company.
Because operating any type of business carries some level of risk, especially one that is open to the public, business owners are usually required to carry policies with high limits. Therefore, if an individual is able to prove the property owner was liable for causing them to suffer injuries, then they should be able to recover compensation to help them afford their medical care and possibly even pay them for any wages they were unable to earn as a result of the accident.
Proving a Property Owner is Responsible for a Slip and Fall Accident in Fort Lauderdale
In order to hold a property owner(or their insurer) such as a business owner accountable for a slip and fall accident, the victim will be required to show that the business “had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”1 When a business owner has actual knowledge of a dangerous condition, it means they were aware it existed. However, constructive knowledge is a bit different.
To prove a business owner had constructive knowledge of an unsafe condition, a victim must be able to show that:
- The dangerous condition existed for a period of time that had the owner taken the time to ensure their premises were reasonably safe, they would have known about the condition.
- “The condition occurred with regularity and was therefore foreseeable.”
When a Visitor is Liable for a Slip and Fall Accident
If a visitor was engaging in negligent behavior at the time their slip and fall accident occurred, they may have a difficult time holding the property owner financially liable. Because insurance companies aren’t going to want to pay for injuries someone suffered as a result of their own negligence, it is likely the carrier will deny a claim for a slip and fall accident. But this doesn’t mean it’s the end of the road for the victim as they may still be entitled to compensation even though they shared some percentage of fault.
Contact a Fort Lauderdale, FL Personal Injury Attorney After a Slip and Fall Accident
Because it can be challenging to hold a property owner financially liable for a slip and fall accident, regardless of whether the victim was partially liable for causing the incident to occur, victims should seek legal advice from a Fort Lauderdale, FL personal injury lawyer. Madalon Law is a personal injury law firm located in Fort Lauderdale that will help an accident victim understand their rights and fight for any amount of compensation they may be due.
You can reach Madalon Law at:
100 N. Federal Highway, #CU5
Fort Lauderdale, FL 33301