Miami Legal Tips Blog

Slip and Fall Accidents: What Do You Need to Be Able to Prove?

If you’ve been injured in a slip and fall accident then you may have a personal injury case. However, there are certain things that must be proven in order for your case to move forward. Keep reading to learn more about it and then reach out to Gilbert & Smallman for your free case evaluation.  

Not all cases should be pursued for a personal injury case

The reality is that accidents happen. Sometimes they can lead to serious injury and yet no one is at fault. In this case, there’s no grounds for a personal injury case. On the other hand, if someone else was negligent, then you may indeed have a slip and fall personal injury case on your hands.

In this case, you’d need a Florida personal injury attorney to help you recover medical costs, lost wages, damages, and more. That said, to win your case you’ll need to determine two main things. First, you’ll need to determine who was potentially liable for your accident. Second, you need to determine if those parties in question were indeed negligent.

You must be able to prove one of the following

There are several ways you may be able to prove negligence. One option is to prove that the owner or employee of the building didn’t recognize dangerous conditions that a reasonable person would have. They must then not have taken action even though they had enough time to do so.

Another option is that the owner or employee actually caused the accident. For example, they may have left an obstacle in your way. Finally, we must prove that you didn’t cause the accident or contribute to it. If we can prove this, then we can prove your case.

There are some exceptions

Even if we can prove the above, there may be some situations in which you aren’t owed compensation. The most common is a situation in which you weren’t legally on the property. For example, if you took a shortcut through someone’s backyard and didn’t have permission to be there, you can’t sue them for injuries sustained on their property.

No matter what your situation is, you need to speak to an attorney. At Gilbert & Smallman, we are here to help you get the compensation you’re entitled to. Start by calling us for a free consultation. We’ll give you our honest opinion about what your best option is to move forward.

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