Fort Lauderdale Slip and Fall Injuries
Every year more than 1 million individuals require emergency room visits as a result of an injury that was caused by a fall down accident. While it is true that the elderly and young children are the most at risk for injury because of a tumble, anyone of any age can suffer a fall at any time. Fort Lauderdale is a vibrant city in South Florida located in Broward County that is home to about 180,000 residents and thousands of visitors each year, none of whom are immune to the risk of a slip and fall accident.Identifying Whom to Blame
There is a general rule under premises liability that the owner of a piece of property, or whomever has control over the land, owes a legal duty of care to keep the premises free and clear of hazards and safe for others. Simply put, the owner or controller of a property has a legal obligation to do this. Some examples would include keeping driveways, sidewalks, parking lots and other common areas maintained and free from any substance that could cause an accident.
Of note, under Florida law, a legal duty is owed by a landowner to invitees or licensees but not to those who have trespassed on the land. An invitee is an individual who provides a material benefit to the landowner such as a client to a business enterprise. A licensee, on the other hand, is an individual whose primary purpose is not business related but, rather, social in nature. Friends, neighbors, children, party guests, and social guests are examples of licensees. Finally, a trespasser is someone who has unlawfully entered the property. A landowner does not owe a legal duty of care to a trespasser.Proving Liability
Injuries that are suffered due to a Fort Lauderdale slip and fail because of the negligent maintenance of a property can vary. Not surprisingly, a landowner who leaves hazardous conditions on his or her property can be vulnerable to a personal injury lawsuit. Three common groups of property owners who may be held liable for a slip and fall include:
- Commercially owned or operated properties,
- Residential properties, and
- Governmental owned or operated properties.
There is no bright line rule that describes how little upkeep on a property or how much of a hazardous substance is enough to prove fault. This is because fault in a slip and fall accident depends on the particular facts of the case. A person claiming a personal injury due to a slip and fall bears the burden of proving the defendant owed a legal duty, violated this duty, and this breach was the actual and legal cause of the injuries suffered.Slip and Fall Help
If you or someone you know has been seriously injured as a result of a slip and fall in Fort Lauderdale, or anywhere else in South Florida, contact the experienced slip and fall attorneys at the Law Offices of Joseph I. Lipsky, P.A. With more than 25 years of experience successfully litigating personal injury cases for its clients, these skilled lawyers will fight for rights of victims who have been harmed. Click here today or call us at 954-693-0073 to schedule your initial consultation.