You may have slipped, tripped, and fallen on someone else’s property. However, this simple fact may not be enough to earn you financial compensation. That is, there are certain requirements that you must meet, as a plaintiff, for just the chance of having a successful slip and fall accident claim. With that being said, follow along to find out what can potentially hurt your accident case and how a proficient Tampa slip and fall accident lawyer at Merricks Law Group, P.A. can help you strengthen it instead.
What can potentially hurt my slip and fall accident case?
Two primary elements comprise a basic slip and fall accident case: negligence and damages.
For one, as a plaintiff, you must prove that a property owner, a defendant, was negligent with their premises. Specifically, a defendant was aware or should have been reasonably aware of a dangerous condition on their premises that had the potential to harm you, as a welcomed visitor. So, what may potentially hurt your case is if a defendant did indeed take measures to address the condition. Like if they posted wet floor signage in a walkway undergoing cleaning or caution tape in front of an area undergoing construction. Then, if you blatantly ignored these warnings and slipped, tripped, and fell upon entering these areas.
Secondly, you must prove that you received significant injuries or property damages as a direct result of slipping, tripping, and falling on a property owner’s premises. If you did not, there may be no need to collect financial compensation in the first place. That is, you may not have incurred medical bills or replacement costs. Even if you did, though, it may hurt your case if you did not document your injuries and damages. For example, if you did not save copies of your medical records or take photos of your damaged property.
How can Florida’s modified comparative negligence law affect my slip and fall case?
Well, say that you have gathered the resources to adequately prove a property owner’s negligence and your incurred injuries and damages. Even still, you may have to worry about Florida’s modified comparative negligence law.
This law holds that, as a plaintiff, you may only recover financial compensation in your slip and fall case if you are found to be 50 percent or less responsible for your accident. Plus, the amount of compensation you are entitled to may be proportionately reduced by the percentage of responsibility you are found to have for your accident. This is to say that you may need more proof than you initially realize to demonstrate a property owner’s negligence.
We understand just how delicate this situation may be for you. If you need an emotional support system that doubles as a legal support system, look no further than Merricks Law Group, P.A. Retain the services of a talented Hillsborough County personal injury lawyer today.
