A property owner has a duty of care that cannot be delegated to anyone else. This legal obligation is essential when establishing negligence in Boca Raton slip and fall cases because attorneys must demonstrate that the responsible party’s breach of this duty led to the accident and that they knew or should have reasonably known of the dangerous condition at the time of the accident. The dedicated slip and fall lawyers at Kogan & DiSalvo could help an accident victim prove a proprietor’s negligence as well as advise them throughout the legal process.
Common defendants in slip and fall cases vary depending on the location, but they often include the property owner because they have a non-delegable duty to their invitees. Other common defendants may include the property manager who was responsible for maintaining the property or a vendor who may be involved with the upkeep of the property.
For example, if someone fell in a Walmart, the company could be responsible for compensating the plaintiff. However, if someone fell in the parking lot of a Walmart, the property owner and possibly the property manager could be the responsible party. The attorneys at Kogan & DiSalvo could review an injured victim’s situation when trying to establish who may be negligent in a Boca Raton slip and fall case.
Photographs and witness statements may be used to establish liability in Boca Raton slip and fall claims. Witness testimony may help prove that the hazardous condition was present for an extended period of time, and therefore, the defendant should have known of the condition. If someone saw the plaintiff fall, they may also help prove how the accident occurred.
Accident victims should take photographs of the condition where they fell because they may impact who the court determines to be at fault. For example, if the incident occurred in the parking lot, the property owner or manager may be responsible. However, in addition to those parties, if the area where they fell was over shrubbery, the landscaper may also be at fault.
Additionally, if the plaintiff was asked to sign an incident report, they should request it from the scene. If the case deals with wet floors from rain, a weather report at that location may help to support responsibility as well.
Once an injured party’s lawyers establish negligence in a slip and fall case in Boca Raton, they may analyze the treatment and diagnosis of the plaintiff to determine the severity of their injuries and how that may impact their compensatory award. The dedicated attorneys at Kogan & DiSalvo may do this by collecting all of the plaintiff’s medical bills and assessing the need for future medical care. The lawyers may also look at the injured party’s prior medical condition to evaluate whether the incident caused the injuries or aggravated a pre-existing condition.
Establishing negligence in Boca Raton slip and fall cases can be difficult without knowledgeable legal representation. Therefore, if you were injured after slipping and falling on someone else’s property, the attorneys at Kogan & DiSalvo could help. Call today to schedule your free case consultation.