Slip and Fall accidents happen almost every day. However, they can lead to tragic consequences when they occur outside of your home, especially at a business establishment. You can suffer serious injuries that may lead to the need to pursue a personal injury lawsuit against the responsible party. That will arouse the need to involve a Slip and fall attorney in Boca Raton. it would be best to comprehend that there are essential factors to consider in demonstrating that the defendant is liable for your fall as a plaintiff in a slip and fall incident.
Prove That the Business Owner Knew or Should Have Known About the Dangerous Conditions
For you to hold a business premise responsible for a slip and fall injury under Florida law, you should be able to prove that the business had actual or constructive knowledge of the dangerous condition that caused your fall. The business owner should have taken prompt action to remedy the hazardous situation. Most slip and fall lawsuits are based on constructive knowledge which can be proven through circumstantial evidence demonstrating that either:
- The condition was anticipatable because it occurred regularly; or
- The dangerous situation was present for long enough that the owner should have known about the state as he or she ordinarily monitored the establishment.
Carefully Consider Who Can Be Held Legally Accountable
Recently, a state appellate court gave an interesting verdict in a slip and fall case regarding the duty that a business owner has to maintain the area that customers use to get into the business. The court eventually concluded that the business in question, a Big Lots store, was not responsible for the plaintiff’s injury. The court reasoned that while a business may be liable for conserving the immediate area of approach, the plaintiff’s injuries – which occurred about 45 feet outside of the store’s doors in the parking lot ‘were too remote.’ That implies that you should engage a Slip and fall attorney in determining who is liable in a slip and fall case before filing the lawsuit.
Prove That Your Claim Is Genuine
Regrettably, every slip and fall claim is not genuine, according to insurance companies. Typically, the background of these kinds of occurrences can place doubt on your claim. Last year, a New Jersey man was arrested for insurance fraud after a CCTV footage at a store showed him faking a slip and fall injury was recovered. According to authorities, the investigation discovered that the man intentionally threw ice on the floor before placing himself on the ground and inflicting injuries on himself and waiting to be compensated.
Contact an Experienced Slip and Fall Attorney
You should always seek help to an experienced Boca Raton slip & fall attorney for your case.At BOCA LAW, we have represented many victims of slip and fall injuries who have suffered the same types of injuries as you and helped them get the compensation they needed. Do not hesitate to get in touch with us!
law blog 