Slip and Fall Accident – Personal Injury

Slip and Fall – Duty of Care

A person has a claim for premises liability if he or she is injured while on the premises that is owned by another person, and the injury is due to a dangerous condition of the premises that was caused by the property owner’s negligence. The duty of care that is owed by the property owner depends on whether the injured person was an invitee, a licensee, or a trespasser.

Business Invitee

The most common premises liability claim arises from a “slip and fall” accident. If the accident happens in a business, and the person injured is a patron of that business, then that person is likely an invitee. The owner of the property has the duty to correct or warn of dangers that the owner know or should know of by the use of reasonable care, and which the visitor cannot or should not know of by the use of reasonable care.

If you or a loved one has been injured on another’s property, consult with an attorney to ensure that your claim is properly handled. Andrew Sholtes is the managing attorney at Sholtes Law, PLLC. Our office is located in Fort Pierce, Florida.

 

 

Comparative Negligence in Car Accidents

In some cases it is clear who is at fault for an car accident. For example, in Florida there is a rebuttable presumption of negligence in a rear-end automobile accident. However, more often than not, automobile accidents are caused by multiple factors. In these cases it is not clear who is at fault and who’s insurance will have to pay for your damages.

Florida is a comparative negligence state. This means that each driver in an accident has to pay for damages in proportion to the percentage of fault by which that driver contributed to the accident. At the end of the day a jury will decide who was at fault for the accident, and assign responsibility for the damages accordingly.

Insurance companies will try to send low ball offers or offer no money at all to drivers who are partly at fault for an accident and have suffered a personal injury. A skilled litigator can argue your case to a jury, and fight for the compensation that you deserve.