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How Do I Prove Negligence in a Florida Trip and Fall Case?
We Don’t Take “Low” for an Answer!
Kaiser Romanello Accident and Injury Attorneys (844-877-8679) specializes in representing Florida victims of trip and fall accidents, where negligence by property owners leads to trips over hazards like broken stairs, cords, or debris. Proving liability is the cornerstone of these premises liability claims, requiring evidence that the owner failed their duty. Under Florida law, this isn’t automatic—victims must demonstrate specific elements.
Elements of Negligence in Trip and Fall Claims
Florida requires proving four key elements for negligence per Statute 768.0755: duty, breach, causation, and damages. Focus on showing the owner knew or should have known about the danger.
- Duty of Care: Property owners owe a duty to keep premises safe for invitees (e.g., shoppers) or licensees (e.g., social guests). This includes regular inspections and fixes. For public spaces, it's heightened; private homes have lower standards.
- Breach of Duty (Knowledge of Hazard): Crucial under 768.0755—prove actual knowledge (e.g., prior reports) or constructive knowledge (hazard existed long enough to discover, like a visible crack). Evidence includes maintenance records showing ignored issues or employee statements.
- Causation and Injury: Link the hazard directly to your injury via medical records proving, say, a sprained ankle from tripping on loose tiles. Expert testimony, like from engineers analyzing the defect, can establish this.
- Damages: Quantify losses—economic (bills, wages) and non-economic (pain). Florida's comparative negligence reduces awards if you're partly at fault, but you recover if under 51%.
Gathering Evidence to Strengthen Your Case
Success hinges on documentation. Start immediately post-accident.
- Visual Proof: Photos/videos of the hazard, scene, lighting, and injuries. As per Vanguard Injury Attorneys, capture angles showing why it wasn't "open and obvious"—a common defense.
- Witness and Reports: Statements from bystanders or employees. File an official incident report; obtain surveillance footage quickly before it's erased.
- Records and Experts: Medical charts, repair logs, or prior complaints. Hire experts for analysis, e.g., safety inspectors confirming code violations.
- Additional Tips: Avoid admitting fault; seek treatment promptly to avoid "gap in care" arguments. Per Hallandale Law, chain of custody for evidence is vital in court.
Overcoming Challenges and Building a Winning Strategy
Insurers often deny claims citing lack of notice. Counter with patterns of negligence, like similar past incidents. In trip cases, unlike slips, focus on static hazards (e.g., raised edges) which owners should fix.
Our experience shows early attorney involvement yields better outcomes— we’ve turned weak cases strong through subpoenas for hidden records. Hypothetical: Tripping on apartment debris; prove via tenant complaints the landlord knew for weeks.
Florida’s laws favor prepared claimants. Don’t go alone; professional guidance ensures you meet burdens of proof.
Contact Kaiser Romanello for Your Florida Trip and Fall Case
Link to our Florida Trip and Fall Accident Page for more details. Submit your case via our Contact Form or call 844-877-8679 for a free consultation.
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