Slip and fall accidents are a common cause of injuries that can happen because of a property owner’s failure to keep their premises free of any dangerous conditions. These incidents can be the result of a failure to fix a hazardous condition or when an owner allows their property to fall into disrepair.
Lantana slip and fall lawyers could help you if you have suffered injuries because of a negligent property owner. Our dedicated Lantana personal injury attorneys at Kogan & DiSalvo could take the necessary steps to establish your legal rights and measure your losses to demand proper compensation.
Legal Rights of Visitors
Any person who enters another person’s property has the right to expect a safe environment. However, the level of this protection changes based on a visitor’s purpose for entering someone’s property and whether the owner gave them permission to be there. As a result, the first step attorneys may take in a Lantana slip and fall case is determining a visitor’s rights under the law.
State law separates visitors into a few classes. The first is trespassers. These are people who enter a premises without permission. Property owners in these situations must only refrain from causing intentional or wanton damage.
The second category of visitors is licensees. These individuals enter a property for their own benefit, usually as a social guest. Proprietors must perform reasonable maintenance to keep their property safe for these guests and have a duty to warn them of any known dangers.
Invitees are individuals who visit a property for the benefit of the owner, such as a customer. Invitees enjoy the highest level of protection, and owners must actively fix any known hazards, warn these individuals of any dangerous conditions, and perform routine inspections of their premises.
Establishing Fault After a Slip and Fall Accident
Plaintiffs must prove that the defendant failed in their duty to provide a safe environment and as a result they suffered injuries. Examples of these failures could be a lack of notice about a broken step, a store that fails to clear standing water, or a business owner that does not monitor the floor for debris.
In some cases, a defendant may argue that a plaintiff shared blame for their own injuries. According to Florida Statute §768.81, juries must review accident claims such as slips and falls and assign fault to each involved party. When a claimant is partially to blame for their injuries, the court may reduce their compensatory award by their percentage of fault so long as it is judged to be 50% or less. Lantana slip and fall attorneys could determine if an injured claimant may be partially at fault and if this may impact their compensation.
Consult with a Lantana Slip and Fall Attorney
Our Lantana slip and fall lawyers at Kogan & DiSalvo could take the lead in pursuing your claim. They can handle every detail from proving your right to protection, demonstrating property owner negligence, and measuring your losses to demand proper compensation. Contact our firm today to see how we could help you.