What Factors Constitute A Viable Slip-And-Fall Injury Claim In Florida?
Why did the person slip or trip and fall? This question is the crux of any viable slip-and-fall injury claim in Florida. The reality is that sometimes people will just misstep, and there will be no legal cause for it. In the cases we handle, the accidents are caused by a factor outside of the client’s control, such as a substance on the floor that caused them to lose their balance and fall. As an attorney, the first thing we consider when taking any case is the cause of the accident.
In some cases, the client doesn’t know what caused the accident, which is why preserving the scene as soon as possible after the incident is of utmost importance. Determining the cause of a slip-and-fall accident is not always the primary concern of the injured party, especially when it has just occurred, but at the end of the day, establishing a viable claim depends on the ability to prove that someone other than the injured client was at fault for the accident.
Did someone fail to clean up a slippery substance? Did someone fail to post warning signs near a wet floor? Who can be held liable? It is necessary to start early on in a case by finding the answers to these types of questions in order to develop an understanding of what caused the accident, because this is what will have to be proven in court.
The second aspect of a viable claim has to do with whether the client was injured, and if so, how severely. Any injury—whether minor or serious—can have an impact on a person’s life, and while the severity of the injury may impact the value of the case, having minor injuries only is no reason not to pursue the case, so long as liability can be established.
What Steps Should Someone Take If They Have Been Injured In A Slip-And-Fall Accident?
Anyone who has just been involved in a slip-and-fall accident should try to take pictures of the area where they fell, as this could serve as evidence of what caused the accident. Without evidence showing the cause of the accident, it can be difficult to prove the case. It’s always easier to show a jury what happened than to tell them what happened.
It’s also important to report the accident to the owner or the manager of the business so that the incident can be documented. This will effectively put the owner/manager on notice that an injury has been sustained as the result of a dangerous condition on the property.
In any personal injury matter, whether it’s a slip-and-fall or car accident, preserving the scene and the evidence is always useful. This will arm the injured party with evidence to show the jury when trying to prove his or her claim. It is always easier to tell a story that is supported by documentation.
What Evidence Or Information From The Scene Of The Incident Is Critical For A Slip-And-Fall Case?
Recently, we settled a case favorably for a client who was lucky enough to have her husband with her at the time of the accident. Immediately after the accident took place, while waiting for an ambulance, the husband began taking pictures of the scene of the accident.
When we arrived at the scene less than 24 hours later, everything had been altered; there were changes to the actual dangerous condition that was depicted in the photographs taken by the client’s husband. The fact that we had pictures that captured the scene immediately after the accident allowed us to resolve the case for maximum value.
We understand that accidents are often traumatic for victims, so and in the moment, it can be difficult to realize the importance of collecting evidence. However, every attempt should be made to take photos of the scene and record the information of any witnesses that may have witnessed the accident.
For more information on Viability Of A Slip & Fall Injury Claim In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 379-8030 today.
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