A trip and fall accident occurs when an individual is on someone else’s property and loses his or her footing due to the negligence of the property owner. Trip and fall accidents fall under premises liability, a form of personal injury law liability that ascribes fault to property owners for injuries incurred on their property. If a property owner is negligent in maintaining the property or fixing any issues that arise, the property owner may be liable for any accidents that occur on the property.
Trip and falls are sudden and unexpected and have the potential to be absolutely catastrophic for victims and their families. While trip and falls are completely preventable, many property owners are careless in the upkeep of their land or buildings. Trip and falls account for the vast majority of premises liability claims filed in Florida courtrooms. They can be caused by a failure to properly maintain the premises, a refusal to timely fix issues that arise or carelessness and sloppiness. Trip and fall accidents can cause devastating and long-term injuries that affect a victim’s ability to perform routine daily tasks and financially support loved ones.
If you were injured in a trip and fall accident, you need a skilled and aggressive personal injury lawyer on your side. Kaiser Romanello has litigated trip and fall accidents for a combined 25 years, representing clients throughout the state of Florida with obtaining compensation. Many of our clients have avoided litigation through successful settlements while others have fought for their rights in court. Kaiser Romanello provides free consultations on trip and fall accidents. Contact Kaiser Romanello today to schedule an appointment with our personal injury attorneys.
PREMISES LIABILITY IN FLORIDA
In the state of Florida, personal injury accounts for the overwhelming vast majority of lawsuits. Personal injury law is an area of civil litigation that permits victims to seek compensation from wrongdoers for physical injuries. Most personal injury cases are premised on negligence. Negligence occurs when an individual is careless and either acts or fails to act in a manner that causes an accident, resulting in injuries to the victim. Negligence requires that the wrongdoer owe a duty of care to the victim in order to be liable. This duty depends upon the relationship between the wrongdoer and victim. One such duty is the duty to maintain premises free of dangerous conditions and defects, which is the duty required in premises liability actions.
Premises liability is a type of personal injury liability reserved for claims against property owners. Property owners are responsible for maintaining safe premises for the benefit of their guests. Florida law mandates that property owners, whether they own land or buildings, maintain the property and fix any dangerous conditions in order to promote the safety and wellbeing of all guests. If a property owner fails to maintain the upkeep of the premises, the owner can be liable for any accidents caused by disrepair. In addition, if a dangerous condition or defect arises, the owner must remedy the problem within a reasonable period of time or else be saddled with liability should an accident occur.
TRIP AND FALLS IN FLORIDA
Trip and falls occur when:
- A tripping hazard exists on the property;
- The property owner is or should be aware of the tripping hazard;
- The property owner fails to fix or remove the tripping hazard;
- The victim trips over the hazard; and
- The victim suffers injuries.
Tripping hazards take many forms, including:
- Uneven steps
- Dilapidated stairs
- Potholes
- Warped flooring
- Cracked pavement
- Sudden drop-offs
- Bunched-up carpet
- Holes and dips in the ground
- Items left on the ground
The property owner is required under Florida law to take reasonable measures in preventing, inspecting for, fixing, and removing any tripping hazards. Only owners who knew or should have known of tripping hazards will be held liable. If actual notice can be proven yet the owner took no apparent steps to remedy the problem, the plaintiff will likely win at trial. Actual notice can include, for instance, a complaint filed with a landlord about uneven flooring. However, oftentimes, lawyers must prove that the owner should have known of the defect. For instance, if the owner employed maintenance crew to inspect and repair the building on a daily basis yet dilapidated steps went unattended for a month, the plaintiff will likely be able to prove the owner should have known of the danger.
KAISER ROMANELLO OFFERS FREE CONSULTATION TO FLORIDA TRIP AND FALL VICTIMS
It is imperative that you contact a skilled personal injury lawyer immediately following a trip and fall accident. A personal injury lawyer can investigate your accident and its cause, interview witnesses, consult with experts, negotiate with the property owner, and aggressively argue your case at trial. Kaiser Romanello is eager to fight the property owner and insurance companies in order to aid you in your pursuit of compensation. To schedule a free case evaluation with the trip and fall lawyers at Kaiser Romanello, contact our Parkland, Florida law firm.
