If you believe there were legal issues with your slip and fall case, you may want to file an appeal. If you do, you may want to reach out to an experienced attorney about appealing a Boynton Beach slip and fall denial. A knowledgeable Boynton Beach slip and fall lawyer could assess your case and determine if you are eligible for an appeal. If you are, a lawyer at Kogan & DiSalvo could help you file an appeal and advocate on your behalf throughout the legal process.
The biggest issue with a slip and fall case is control over the premises. If the defendant did not have control over the premises, then they will not be responsible for the plaintiff’s injuries. For example, if a person slips on a wet floor in a donut shop and suffers an injury, they may sue the landlord of the shop and the tenant. In this case, the tenant probably should have been aware of the floor condition and should have cleaned it up. Therefore, the tenant could be held liable. However, the landlord would not be because they had no knowledge of the condition of the floor.
Other problems that could arise in a slip and fall case is if the injured person cannot prove what caused the slip and fall. It is the plaintiff’s responsibility to prove what it was that caused them to fall. If a person cannot articulate and show evidence as to what it was that caused them to slip and fall, then the judge can rule, as a matter of law, that there is no evidence. The legal issues about the case need to be addressed before appealing a Boynton Beach slip and slip denial. One of the benefits of a slip and fall lawyer is that they could assess the case and see if there were any legal problems.
An individual could appeal certain rulings the judge made during the course of a trial such as letting certain witnesses testify or letting certain documents into evidence. The decisions a judge made during the trial can be appealed by the plaintiff or the defendant.
What this means is that the Fourth District Court of Appeals has the right to review the transcript of everything that occurred and then decide whether the judge made a proper ruling. If the appeals court feels that the judge made a proper ruling, then the case stands. However, if they believe the judge made an error and the decision of the case was wrong, then they can send the case back for a new trial or for a modification.
When someone feels like there were legal issues with their case or the judge mishandled the case, they should contact a lawyer right away. It is critical that the plaintiff reaches out to an accomplished personal injury attorney about appealing a Boynton Beach slip and fall denial. An attorney could review the evidence and see what should be admitted and what should not have been admitted into discovery. Also, a lawyer at Kogan & DiSalvo could also argue against any errors the judge may have made during the case.