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Personal Injury: Proving negligence can be challenging

Thousands of people in Florida suffer slip-and-fall injuries every year, often caused by the negligence of property owners. However,  premises owners or their tenants are not always liable for a personal injury suffered in such circumstances. In fact, proving negligence in premises liability lawsuits can be tricky.

A victim of a slip-and-fall accident can check the viability of a claim by answering a few questions. Did the property owner or an employee cause the hazard, such as a spill, torn carpeting or damaged floor covering? Was the premises owner or an employee aware of the dangerous situation and then failed to remove, repair or rectify it? Would any reasonable person have noticed the danger and done something about it?

If any of these are true, the victim might have grounds for a premises liability lawsuit. However, the victim might have been partially responsible for his or her injuries. Was it an obvious hazard that could have been avoided? Was the victim distracted by a mobile phone or was he or she horsing around on the property? A property owner facing a premises liability lawsuit may have CCTV footage to study for any indication of negligence or carelessness by the plaintiff.

Any person who has suffered a personal injury on the premises of another party may be wise not to rush into filing a lawsuit without the support and guidance of an experienced personal injury attorney. A lawyer can launch an independent investigation into the circumstances that led to the incident. The attorney can work on a presentation of the claim in a Florida civil court with the goal of securing a monetary judgment to cover all the documented financial and emotional damages.

Source: villagenews.com, "Determining liability in slip and fall accidents can be tricky", Morton J. Grabel, Oct. 5, 2017

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Cameron D. Simpson, PA Attorney at Law
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