Building a Strong Slip-and-Fall Claim
Each year, slip-and-fall incidents, mostly retail or hospitality incidents, send over eight million Americans to hospital emergency rooms. These incidents usually cause head injuries, broken bones, and other injuries that, at least to an extent, are permanent. These matters are also legally complex, mostly because each incident usually involves disputes in at least one of the two areas discussed in this post.
Because of this legal complexity, and also because out-of-state holding companies usually own the restaurant, grocery store, or other facility where the injury occurred, only the most experienced Carlsbad personal injury lawyer should handle such matters. A well-meaning yet less-experienced lawyer usually cannot obtain maximum compensation in these cases. Because of the high cost of fall-related medical bills, victims need as much money as possible, to pay these expenses and move on with their lives.
Duty of Care
As is the law in most states, in Florida, the duty of care, the foundation of a negligence case, varies, largely according to the victim’s relationship, if any, with the owner.
- Invitee: An invitation could be general (open for business) or specific (come over Friday night). Because of the close business or personal relationship between victim and owner, owners usually have a duty of reasonable care in these situations. They must create, and maintain, safe and secure spaces.
- Licensee: Whereas invitees have permission to visit and benefit the owner, licensees have permission to visit, but there’s no owner benefit. Children cutting across a parking lot on their way to school are licensees. Because of the more distant relationship, owners usually only have a duty to warn about latent (hidden) hazards.
- Trespasser: Quite simply, trespassers have no permission to visit, and they don’t benefit the owner. As a result, owners usually have no safety responsibilities, other than to refrain from intentional harm. A few exceptions, like the attractive nuisance rule, apply in a few cases.
These categories sometimes overlap. A social guest, especially an add-on guest to a large Christmas party, could be an invitee or a licensee, depending on the additional facts.
Moreover, these categories shift. If Phyllis pays her rent on time and follows apartment rules, she’s an invitee. If she pays her rent but breaks another rule, such as a no smoking rule, she’s a licensee. If she doesn’t pay her rent, she’s a trespasser. These changes could all occur on the same day.
Fault for the Accident
Owners are only responsible for damage if they knew, or should have known, about the injury-causing hazard. Knowledge is relatively straightforward if a Carlsbad personal injury lawyer has a smoking gun, like a restroom cleaning report. Knowledge is harder to establish in constructive knowledge (should have known) cases.
The contributory negligence defense, in one form or another , often applies in slip-and-fall cases. Basically, this legal doctrine shifts blame for the accident onto the victim. The defendant usually argues that the victim didn’t watch where s/he was going, or that s/he failed to heed a warning sign, like Caution Wet Floor.
Incidentally, a warning sign is not a get-out-of-jail-free card. A sign simply makes comparative fault easier to prove. So, compensation is still available in these cases.
Connect With a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. You have a limited amount of time to act.
Source:
nfsi.org/nfsi-research/quick-facts/
