Slip and Fall
Property owners in Florida owe a duty to protect visitors from dangerous conditions on their property. Most people go to a store or restaurant while assuming that proper precautions have been taken, that repairs have been made, and that warning signs have been placed as needed. Unfortunately, this is not always the case. If you were injured in a slip and fall accident on somebody else’s property, you should discuss your situation with a Jacksonville slip and fall lawyer. Kevin M. Cobbin is a seasoned attorney who may be able to help you recover the damages to which you are entitled.Slip and Fall Accidents
In Florida, varying degrees of care are owed toward different types of visitors, depending on their reason for being on the property. When you go onto property to conduct business, such as buying goods or receiving services, you are an invitee and are owed the highest degree of care by the property owner. Property owners must keep areas that customers can access free of dangers that could cause injuries. The other two classes of visitors, social guests and trespassers, are also owed a duty of care, but not as much.
Florida Statutes Section 768.0755 requires plaintiffs to establish that a property owner or business owner was negligent in keeping the property free of dangerous conditions. It also requires plaintiffs to show that a property owner or business owner had actual or constructive notice that there was a dangerous condition that could create a safety issue. A slip and fall attorney in Jacksonville can help you gather and present evidence of notice.
Actual notice exists if the defendant knew about the danger that caused the slip and fall. It might be proven, for instance, if there is a note in a clerk’s inspection record for a store that there was a spill observed in the store and that it should be cleaned. Constructive notice imputes knowledge to a defendant based on the circumstances. For example, there may be constructive notice if there is a spill in a restaurant when the spill has existed for so long that a property owner using reasonable care would have seen it and cleaned it up.
Sometimes constructive notice can be established by using surveillance footage from a video camera. However, many stores and restaurants reuse videotapes within a short window of time, so it is critical to retain an experienced attorney immediately after a slip and fall. An experienced attorney can send a spoliation of evidence letter to a property owner to make sure that important evidence, such as a videotape showing how long a dangerous condition existed, is preserved. An experienced Jacksonville slip and fall attorney will also make sure that a detailed investigation occurs so that any person or entity that contributed to an accident can be held accountable.Damages
We may be able to recover economic and non-economic damages. Economic losses usually consist of tangible and documented harms that have already occurred or are reasonably likely to occur in the future. Non-economic losses are intangible harms that a jury reasonably believes would arise from the injuries sustained in a slip and fall. Generally, a jury will believe that more serious injuries give rise to more significant emotional harm.
You may be able to recover damages even if a slip and fall simply aggravated a pre-existing medical condition. A property owner must take an accident victim injured in a slip and fall as he or she is found. For instance, if you slipped on a banana peel and suffered a herniated disc that required surgery as a result, you may be able to obtain damages, even if you had degenerative disc disease prior to your fall.Contact a Seasoned Personal Injury Attorney
Some people assume that a slip and fall accident is minor. However, catastrophic injuries may be sustained due to a fall. You can hold the responsible party accountable in a lawsuit with the assistance of a slip and fall lawyer in Jacksonville. If you were injured in a slip and fall accident, you should consult Kevin M. Cobbin. He represents people throughout Duval County and the surrounding areas. Call him at (904) 357-8448 or complete our online form.