There are a great many difficulties and obstacles to overcome if one is to successfully pursue a “slip and fall” claim against a responsible party. This blog will highlight a few areas of concern for any potential claim by an injured party.
- Who is the responsible party? Often a business is not responsible for areas outside of their particular store front. One must determine who is the actual owner of the property in question. Even if the business is the only building, unless the business is the owner the business may not be legally responsible for conditions outside of its front door. Therefore, if the property is leased it is imperative that the lease be obtained to examine the responsibilities of the landlord and business tenant.
- Was there a dangerous condition that caused an injury? Even if one is injured, it is the injured party’s responsibility to prove that a dangerous condition existed and is the cause of the sustained injury. If one slips,or trips,and falls understand that accidents are part of our lives. Proof must exist that the particular condition was dangerous and the actual cause of the fall.
- Did the responsible party know,or should have known,that the dangerous condition existed? Florida law demands that notice of the condition was such that the potential defendant actually knew that the danger existed and did nothing to protect their business guest. In the alternative , proof may demonstrate that , even with a denial of knowledge, the defendant should have know and taken steps to remedy the condition.
These are just a few of the basics to demonstrate the threshold questions that must be answered before considering a pursuit of a claim.
