Carrollwood Slip & Fall Attorney
Anyone can fall at any time. But elderly people are especially vulnerable to serious fall injuries. These individuals often suffer from Age-related Macular Degeneration. This condition blurs vision. So, they may not see fall hazards. Furthermore, because of this vision loss, they are often unable to recover their balance when they stumble. Additionally, many older adults are in frail physical condition. So, injuries which are serious in other situations become catastrophic or even fatal.
These individuals and families need and deserve compensation for these injuries. The experienced Carrollwood slip & fall attorneys at Moore Law know how to obtain this compensation. The process starts with a thorough case review that identifies all your legal options. Then, we collect evidence that supports your claim. Finally, when the case goes to court we stand up for your legal and financial rights.
Negligence Claim Basics
A negligence claim, like a slip & fall claim, usually begins with a duty of care. In Florida, the duty varies according to the relationship between the property owner and injury victim, as follows.
Most fall victims are invitees. They have general or specific permission to be in a residential dwelling or commercial building. Furthermore, most fall victims produce a benefit to the owner. This benefit could be economic or noneconomic.
Since the relationship is so close, the owner’s legal responsibility is high in these cases. Generally, owners owe a duty of reasonable care to invitees. This duty includes a responsibility to remove all fall hazards and make the property reasonably safe.
The other two victim categories are licensee (permission but no benefit) and trespasser (no permission and no benefit). These categories only apply in limited situations.
Furthermore, a Carrollwood slip & fall lawyer must prove that the owner breached the applicable duty. And, the victim must prove that the owner’s breach substantially caused the victim’s injuries. More on these things below.
Fall injuries are usually both visible and invisible. Broken bones, head injuries, and other such injuries are clearly visible. The emotional effects of a fall are not as visible. Frequently, fall victims, especially older fall victims, are so afraid of a repeat fall that they essentially become recluses.
Compensation in a fall injury claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Evidence in a Fall Injury Claim
The burden of proof in a negligence claim is usually a preponderance of the evidence (more likely than not). This standard of proof applies to both breach and cause.
In a fall injury case, breach (violation) of duty usually means knowledge of the hazard. If the owner knew, or should have known, about the hazard, liability usually attaches. Direct evidence of actual knowledge could be an open repair invoice or evidence of a burned-out light. Circumstantial evidence of constructive knowledge (should have known) usually involves the time-notice rule. The longer a hazard existed, the more likely it is that the owner should have known about it.
Cause in a fall injury claim often involves the res ipsa loquitur (the thing speaks for itself) presumption. If negligence usually causes an incident, jurors may presume that the owner was negligent. For example, if no one saw Ben fall, someone could have pushed him down the stairs. But negligence usually causes such injuries.
Rely on a Dedicated Hillsborough County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced slip and fall lawyer in Carrollwood, contact Moore Law by going online or calling 813-510-5400. You have a limited amount of time to act.
