If you’re injured in a slip and fall accident, it’s essential to have proof of the property owner’s negligence.
Nothing hurts your case more than evidence to the contrary.
Take the case of a Florida woman who sued Walmart for $1.5 million after she said she slipped on a puddle in the store. Store video captured of her fall and other customers walking in the same space just before the accident showed no signs of a puddle.
The plaintiff lost, despite still having to contend with injuries from her fall.
Proving Your Case
The crux of a slip and fall lawsuit lies with proving negligence on behalf of the property owner. You must have proof or chances of an outcome in your favor, whether a settlement or trial judgment, are slim. Property owners will argue some of the following:
- You were trespassing in the area where the accident occurred
- You weren’t paying attention or were distracted by conversation or technology, such as using a smartphone.
- You didn’t see a warning or danger signs.
Each state treats slip and fall accidents differently. In Florida, consider the state’s statute of limitations deadline for filing a slip and fall lawsuit and the “shared fault” rule. The latter refers to your right to recover compensation despite sharing some of the blame for the accident.
Statute of Limitations
Anyone injured in a slip and fall accident in Florida has four years to file a lawsuit. This deadline also applies to property damages in that accident, such as a busted computer, broken phone, smashed jewelry, etc.
In Florida, courts use the “pure comparative negligence” rule to determine if you are partially at fault for your accident. The outcome of that determination will weigh heavily on how much compensation you’ll receive. Under this rule, damages awarded are reduced depending on the percentage you’re to blame for the accident.
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