When is a Slip and Fall Accident Legally Actionable?

Each year in the U.S., over 8.5 million people sustain injuries from falls, and another 35,000 sustain fatal fall-related injuries. Slip and fall injuries can happen at home, at work, or on the premises of a negligent property owner. Some are accidents and couldn’t have been prevented, but many others are the result of negligence. How do you know when you have a legal case after a slip and fall? The best way to find out is to meet with an experienced Miami slip and fall lawyer from our firm.

The Four Elements of Negligence in a Personal Injury Claim

A slip and fall case is a personal injury case. All personal injury cases must have the four elements of negligence. These include:

- Duty of Care: One party had a duty of care to avoid doing anything that would harm others.
- Breach of Duty: The party breached their duty by doing something wrong or failing to do what any reasonable individual would do in the same situation.
- Cause: The breach of duty of care was the proximate cause of injuries.
- Damages: The claimant has injuries that can be proven with medical records and bills.

A reputable Miami slip and fall attorney won’t take on a case if they aren’t sure they can prove each of these elements with evidence.

Do You Have a Legal Slip and Fall Claim?

In addition to the four elements of negligence, a legitimate legal slip and fall case will also need to meet a few other requirements. For example, the person who suffered the injury must be on the property legally. Property owners have very little liability if a trespasser is injured on their property.
Additionally, the injured individual must be able to prove that the property owner or someone working for them knew about the slip and fall hazard or should have reasonably known about it. Suppose someone spills juice on the grocery store floor. They don’t report it or try to clean it up. A minute or two passes, and another customer comes down the aisle and slips and falls because of the juice. In that case, the store won’t be liable for the injuries.
However, if the person who spilled the juice reported it to an employee or another employee walked by and saw it on the floor, but no one took action to clean it up, then the store is liable.

An Actionable Slip and Fall Claim Example

An example of an actionable slip and fall claim is outlined as follows:

- A member spilled shampoo on the floor of a spa bathroom. During a routine cleaning inspection, an employee noticed the substance. However, she decided to take her break first and clean it after.
- While she was on her break, another client came into the bathroom and slipped on the shampoo spill on the floor. She suffered a concussion and a broken wrist.
- She missed three weeks of work, incurred several thousand dollars in medical bills, and experienced pain and inconveniences by not being able to use her wrist for several weeks. Considering all these factors, she has a valid slip and fall injury claim that a Miami slip and fall lawyer can help her with.

Call a Skilled Miami Slip and Fall Lawyer Today

If you recently sustained an injury after a slip and fall, make it a priority to meet with a skilled Miami slip and fall attorney as soon as possible. At the Flagler Personal Injury Group, we offer free case consultations to injured individuals. Give us a call at 305-424-8445 today to schedule yours.

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Posted - 02/17/2021