You got hurt when you slipped and fell on someone else’s property. As the medical bills start rolling in and you cannot work until you finish your recuperation, you find yourself wondering: will I win my slip and fall case?
We have to prove that the landowner was negligent before we can hold them liable for your losses. People do not have to pay compensation every time someone gets hurt on their property. However, if the property owner’s negligence caused the injury, the owner is responsible.
Factors for Liability in Slip and Fall Cases
We have to prove all three of these elements of negligence in a slip and fall claim:
- There was a hazardous condition on the property.
- The owner knew about the danger.
- The owner did not repair the problem or post adequate warnings to prevent injuries.
If all three factors are present, the landowner is negligent. If the negligence caused your slip and fall injury, the owner is liable for your losses.
Let’s say that a miniature golf course sells snow cones at a kiosk. On hot days, the pavement around the booth can get slick from the sticky melting ice. Several patrons complained to management that they slid on the puddles.
The attraction owner could make the situation safe by installing outdoor absorbent anti-skid mats, but he does not want to spend the money on this item. Also, he could post warning signs to make people aware of the hazard, but he fails to do so.
In this case, we would evaluate whether the miniature golf course owner is negligent and whether he will have to pay money damages if someone gets hurts as a result. For example, a paying customer walks through the concessions area, slips and falls on the snow cone spillage, breaking her arm in the fall.
We look at the following factors to determine if the owner is at fault:
- There was a dangerous condition on the premises. The sticky, slippery snow cone mess on the pavement created a situation in which a guest could lose her footing, slide, or slip and fall. The facts satisfy this element.
- The owner knew about the situation. People voiced complaints to the management about the snow cones drips and spills, so the owner understood there was a serious issue.
- The owner did not fix the problem or post warnings to prevent injuries. In this case, the owner could have installed outdoor absorbent anti-skid mats to soak up the mess and help people maintain their traction. The owner also could have posted warning signs to put people on notice of the hazard. In our scenario, the owner failed on both counts.
The example meets all three required elements for negligence. The customer was hurt because of their negligence, so the owner of the miniature golf course is liable for the damages and must pay promptly.
You can get legal help for your slip and fall case from the Montero Law Center. We work hard to get you all the compensation you deserve and will treat you with respect and compassion. Keep in mind that Florida places a four-year statute of limitations on personal injury cases, so don’t wait.
Call us today at 954-767-6500, to set up your free consultation about your slip and fall case. There is no obligation.