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Establishing fault in a slip-and-fall accident

People in Florida enter onto other people's property every day. People go into grocery stores, retail stores and many other businesses. Most of the time people enter onto the property and leave with nothing out of the ordinary occurring. However, from time to time accidents do occur and will raise issues of premises liability. These accidents can vary greatly in severity and every once in a while people suffer injury as a result.

As a result of their affliction the injured person may incur medical bills and lost wages if they are unable to work, leaving them in a tough financial situation. These victims may be entitled to compensation, though. However, it is not automatically the property owner's fault just because an accident occurs on their property.

The accident victim must prove that the property owner had actual or constructive knowledge that a dangerous condition was present. They must also prove that the property owner should have taken care of the dangerous condition. Actual knowledge is fairly straightforward, but constructive knowledge is a little trickier. In order to prove it, one can show that the dangerous property condition was present long enough that the property owner should have known about it, or that it was a regular reoccurrence and therefore foreseeable.

If the victim is able to prove knowledge, then they have to prove that the dangerous condition should have been remedied. If those things are clearly demonstrated, then damages may be determined. Interestingly, determining damages can sometimes be much more complicated than determining fault.

Many people in Florida are or will become the victims of slip-and-fall accidents. The severity of the injuries can vary greatly, but before any compensation can be determined, the property owner must first be at fault. Attorneys understand the complexities of premises liability and can be helpful resources to the victims of these accidents.

Source: Florida Legislature, "Florida Statute 768.0755" accessed on October 27, 2014

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