Determining liability is of paramount importance after a slip and fall accident, as the responsible party is obligated to compensate the injured party for their damages. Liability in these cases often hinges on the concept of negligence, which requires proving that the property owner failed to exercise reasonable care in maintaining a safe environment. However, distractions can be a contributing factor in the cause of these accidents. If you were distracted when you slipped and fell, you might question whether you bear some responsibility for your injuries. Please continue reading as we explore what you should know about these matters and why connecting with our determined Manatee County Slip and Fall Lawyers is in your best interest.
What is Premises Liability?
This legal concept holds property owners responsible for any injuries that occur on their property. In Florida, property owners are legally required to maintain their premises in a reasonably safe condition. They are also obligated to warn visitors of known or foreseeable hazards. If they fail to do so they can be held liable for damages.
It’s important to note that you will need to prove that the owner knew or should have reasonably known about the dangerous condition on their premises and failed to take reasonable steps the rectify the hazard. You must prove the following elements for a successful slip and fall case:
- The property owner owed you a duty of care
- They breached their duty by failing to maintain a safe environment
- Their breach of duty directly caused your fall and injuries
- You suffered actual injuries and compensable damages
Can I Be Held Responsible if I Was Distracted When I Slipped and Fell?
While property owners have a responsibility to maintain safe premises, if you are injured in a slip and fall accident, the property owner isn’t always automatically liable. If you were distracted before the fall, you may be found partially negligent. This means you share responsibility for the accident and your injuries.
Florida is a modified comparative negligence state. Under this doctrine, you can still recover compensation as long as you are 50% or less at fault for the accident. However, your compensation will be reduced by your percentage of fault for the accident. If you are 51% or more at fault, you will face the absolute bar of recovery.
With this in mind, if you are on your phone, talking to someone, listening to music, looking at something, or just lost in your thoughts instead of paying attention to your surroundings it’s considered a distraction. When you are distracted, your ability to perceive and react to potential hazards is significantly reduced. Accidents are more likely to occur when distractions divert attention away from potential hazards.
In the unfortunate event that you have been injured in a slip and fall accident in Florida, it’s in your best interest to consult with a seasoned attorney from Becker & Lindauer, LLC, who can help you understand your rights and options. Our legal team is prepared to help you determine if you have a valid claim and what steps you need to take. Connect with our firm today to learn how we can fight for you.
