An index of articles discussing fault and the duty of care for a variety of slip and fall scenarios.
To recover for injuries incurred in a slip-and-fall accident, the plaintiff must show that the defendant responsible for the premises had actual or constructive notice of the dangerous condition.
Generally, constructive notice may be shown by proof that the condition existed for a length of time that in the exercise of ordinary care, the defendant should have known of it and taken action to remedy it, and the length of time that the condition existed can be proven. If a person slips and falls on a transitory foreign substance in a business establishment, constructive knowledge may be proven by circumstantial evidence showing that: (1) the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or (2) the condition occurred with regularity and was therefore foreseeable.
Below are several of Alan’s slip and fall articles that discuss how to prove who is at-fault in a particular type of accident. In these articles, Alan states the legal duty of care owed to victims and he gives questions to ask the party responsible for the premises to determine if the duty of care was met. Having a duty of care and breaching that duty are 2 of the 4 elements needed to prove negligence. The other 2 elements are damages and causation.
If you are injured at a hotel in Florida, you need to be aware of how insurance companies deal with these claims and the type of evidence you will need to prove your claim. Did the hotel owner act reasonably by having slip-resistant flooring and was that flooring adequately maintained? Read more.
|Grocery Store Slip and Fall – How to Prove Your Claim
When someone falls at a grocery store, you should preserve as much evidence as possible, including using your cell phone to video the condition of the floor. Just as important, a victim should learn how often employees are checking for objects in the aisle or transitory substances on the floor. Read more.
|Slip and Fall Claims in Florida
Learn the basics. If you’ve been injured during a slip and fall, you will want to educate yourself on the damages you can recover, including pain and suffering, lost wages and other economic and non-economic damages. See sample settlements for grocery store cases, hotel slip and falls and more. Read more.
|Slip And Fall Claims Where A Wet Floor Sign Was In Use
If you’ve fallen and been injured, but a WET FLOOR sign was displayed, what does this mean for you and your insurance claim? A warning sign does not mean you can’t recover compensation. Many Insurance companies have a pattern of how they handle slip and falls with these circumstances. Read more.
|Slip And Fall In A Restaurant Bathroom
If you were injured in a slip and fall in a restaurant bathroom in the state of Florida, read these examples of cases to learn about key issues to focus on including the bathroom maintenance logs and the products used to maintain the floors. Read more.
|Slip and Fall Pain and Suffering Lawsuits
Five cases where the pain and suffering damage awards were found to be inadequate. These decisions should give guidance for establishing a floor for damages, which by their nature are hard to determine for a variety of reasons. Read more.