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Elements that must be proven in a slip-and-fall claim

Too many people make the mistake of thinking that a slip-and-fall accident is little more than the result of a person's clumsiness, or that any injuries suffered would be considered minor. However, the fact is that slipping or tripping accidents have the potential to cause severe injuries. A person could break bones, hit his or her head, or even suffer spinal cord injuries in a serious fall.

If you have been injured after slipping or falling on another person's property, you could very well have grounds to file a negligence claim against the property owner. However, in order to do so, you must be able to prove a few things first.

According to Florida negligence statutes,

  • There must be evidence that a property knew or should have reasonably known about a dangerous condition.
  • The property owner must have failed to properly address or warn others of the dangerous condition.
  • You must be able to prove that you were not trespassing and were welcome on the property.

There are defenses to premises liability claims and if the above-mentioned elements don't exist, your claim to be denied. The property owner may be able to argue that a dangerous condition didn't exist or that he or she was not legally obligated to address the dangerous condition. It may also be argued that you were at least partially to blame for your own injuries.

In other words, it takes more than an assertion that you were hurt on someone else's property to build a successful premises liability case.

Considering all you may stand to gain or lose in these claims, it is wise to have the guidance and support of an experienced personal injury attorney. Legal representation can be critical in building your claim, countering any defenses and fighting for maximum compensation.

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