The Big Challenges In Premises Liability
Brian O Sutter
Accident Lawyers
When most people think of an accident, they think about the many auto accidents that occur around the country every day. And Florida is no exception - millions of vehicles fill our roads annually, increasing the risk of an accident occurring. But roads aren't the only place that an accident can happen, and for those injured on someone's property in a slip and fall or other types of accidents, it's important to know that you have rights as well. Premises liability cases are filed every year, and they can be instrumental in getting your life back on track after an accident of any kind.
However, it can be one of the more difficult types of personal injury cases to pursue. This is due to a couple of things. The first is simply convincing people to seek compensation, and the second is the complexity of the cases and proving fault. Taking a closer look at these can help prepare you for the process of seeking out the compensation that you are owed.
Why Seeking Compensation Matters
The first big issue for many premises liability cases is simply convincing yourself that it's a good idea to seek compensation. There is a bit of a stigma with some personal injury law, mainly due to the media. But that's fading away as people realize what a difference seeking restitution can make on their lives. After all, consider some of the following points:
- Medical bills can reach very high levels after an accident, especially when hospital visits and physical therapy are involved. You shouldn't have to pay for that if the injuries aren't your fault.
- Some injuries lead to missed time at work, which can make it even harder for you to recover and maintain financial stability.
- By receiving compensation, you are able to avoid the heavy stress that can come following an accident. Knowing your finances are taken care of will help you focus more on your recovery, not your money.
The bottom line is that there is nothing to be ashamed of when it comes to premises liability cases and seeking compensation. If your injuries were caused by someone else, it isn't right for you to have to pay for the costs. Contacting a personal injury lawyer and seeking compensation is the right thing to do for yourself, your loved ones, and your future.
The Big Challenge Of Fault
A bigger challenge that comes with these types of personal injury law is actually showing that you deserve compensation. It may be clear to you and to others, but in the Florida courts, showing that a property owner or manager is liable for your injuries is far more difficult than it might seem - and usually much more difficult than proving fault in auto accidents.
The reason is that under Florida law, you must show that the other party acted in a negligent or reckless manner, that they knew those actions were negligent or reckless, and that those actions are what led directly to your injuries.
For example, let's use a spill in a store as an example. If the owner or manager was aware of the spill and chose to do nothing, it can be considered negligence. But if they were unaware of the issue at all, they couldn't have taken steps to correct it and thus can't be held liable. In this example, you must show that they knew about the spill and that they chose not to clean it or to warn visitors about it.
This is the same for any type of premises liability case - from a loose handrail to faulty lighting and beyond. It must be shown that the person responsible for the property knew about the issue before they can be held responsible.
A good personal injury lawyer can help you determine what rights you have and what options are available to you. This then lets you take the right steps towards your compensation. Premises liability may be complex and difficult to prove, but that doesn't mean that these cases should be ignored. If you've been injured in a slip and fall, you owe it to yourself to contact our team to see what steps you might be able to take towards restitution.