Every year, over 8 million ER visits are due to slip and fall accidents, so this means that your odds are fairly likely that you’ll slip and fall at least once in your life.
If the accident happens at home, you’re unfortunately going to be the one who’s liable. However, it’s a little different when the incident occurs in a public space like a business or on a city sidewalk. Even though a slip-and-fall accident doesn’t sound all too serious, injuries can be severe.
Now, you’re probably wondering if you’re responsible for covering your damages or if someone else is liable. The answer depends on whether negligence is to blame.
If someone’s negligent actions are the cause of the accident, then the next step is determining liability. In other words, who’s the party responsible for covering your damages like medical expenses?
A Look at Premise Liability Laws
Most slip and fall accidents are under premises liability laws. However, a notable exception is if your accident occurs in your home. In this instance, as the property owner, you’re the responsible party. This means you’re the one covering all expenses relating to your injuries.
However, if the accident occurs at a business or another type of public location, premises liability laws kick in.
So, what are premises liability laws? In a nutshell, the laws require property owners to ensure the safety and well-being of all visitors. Some of the laws’ specifications include:
- Adequately warning visitors of risks like hazards that can cause someone to trip or slip. A wet floor is an example of a known hazard.
- Taking care of all known hazards quickly and efficiently.
- Continually monitoring any potential hazards like making sure boxes and other obstacles are obstructing aisles or walkways.
- Performing regular property inspections.
If a property owner fails to follow and/or meet these guidelines they can be held accountable for any accidents that occur to visitors.
Who Can Be Responsible in a Slip and Fall Accident
Property owners aren’t always responsible for slip and fall accidents. Other entities may be to blame for your accident and resulting injuries. Knowing who is liable is a necessary step if you’re planning on filing a personal injury claim.
After all, you need to know who to name on the claim as the at-fault party. You can’t just file a random claim and hope someone decides to accept the blame.
Property Owners
The most common at-fault party is the property owner. As the owner, the individual assumes the legal responsibility of maintaining the property and ensuring it’s safe for visitors. You can usually name the property owner in a personal injury claim if they’re aware of the hazard but haven’t taken steps to resolve the issue.
An example is if there’s a loose floorboard in a business and the owner is actively aware of the hazard. Instead of fixing the issue, they leave it, and you trip and fall.
Property owners can also be landlords, and as a landlord, the property owner must ensure their tenants’ safety.
Commercial Tenants
Some businesses are owned and operated by the same individual—in this case, the property owner is responsible for covering your damages. However, it’s not uncommon for businesses to lease their spaces; think of places like grocery stores and retail shops. Most of these businesses are renting their spaces.
If an employee leaves a hazard like a box in the aisle or doesn’t clean up a spill, the commercial tenant is usually liable for your damages.
However, if your slip and fall accident is the result of a loose floorboard, the property owner is often the liable party, and this is exactly when you refer back to premises liability laws. The property owner is responsible for providing a safe environment for both tenants and visitors.
Property Managers
The law can get a little tricky when it comes to property managers and liability. Whether you name the property owner or manager often depends on the terms of the agreement between the two parties.
If the property manager is responsible for all upkeep and maintenance, they’re probably liable for your damages. But if the property manager is only on hand to collect rent and handle tenant disputes, blame may fall back on the property owner.
As mentioned, the agreement between the owner and manager often determines liability in slip and fall accidents.
Another Homeowner
If you’re injured visiting another homeowner’s property, they’re liable for your damages. In this instance, their homeowner’s insurance usually covers your damages. You file a personal injury claim with the homeowner’s insurance carrier.
Your Negligence
If the slip and fall accident is your fault, then you work with your insurance carrier. Usually, you turn to your health insurance to cover medical expenses. When is a slip and fall accident not covered under premises liability laws?
You can’t file a claim against anyone else if the accident happens at your home. You’re also negligent if you’re on a property illegally. Along with your injuries, you may also find yourself facing trespassing charges.
Understanding Comparative Fault
Sometimes, a slip-and-fall accident is partially your fault, and this is exactly when comparative fault comes in. Florida’s comparative fault system allows more than one party to be assigned blame for a slip and fall accident. So, what does this mean for your personal injury case?
A judge or jury will assign each involved party a percentage of the blame. So this means that, yes, you can still file a personal injury claim even if you’re partially responsible for the accident.
As long as your percentage of the blame is under 99%, you’re still eligible for compensation. However, your compensation amount will be reduced by your percentage of the blame.
If you’re 99% responsible for the accident, your compensation is reduced to one percent of your total settlement amount.
Simplifying Liability in a Slip and Fall Injury Claim
Attempting to navigate Florida’s legal system after a slip-and-fall accident can be frustrating and exhausting. Thankfully, working with a personal injury attorney can help simplify the process.
From determining blame to understanding comparative fault, your attorney can handle everything, ensuring that your rights are protected and maximizing your chances of receiving fair compensation. This allows you to focus on your recovery without the added stress of legal complexities.
