Wesley Chapel Slip & Fall Attorney
In Florida, as in every other state in the nation, business and property owners have a duty to prevent harm from befalling visitors or business patrons. When a person is injured on another’s property, the injured party can pursue compensation via a premises liability claim. When determining liability, the decision maker—be it judge or jury—will look toward a number of factors and try to determine whether or not certain elements existed. Some such elements include a duty to the visitor, a dangerous condition and/or foreseeable hazard, and fault.
Proving fault in slip and fall cases can be tricky and often requires intense factual investigation. At HD Law Partners, our Wesley Chapel slip & fall attorneys have the resources and drive to pursue such an investigation and reveal the evidence that ultimately helps advance our clients’ cases. If you or a loved one sustained injuries in a slip and fall accident that was the result of another person’s or entity’s negligence, contact our Florida law firm today.
Common Defense Tactics in Slip and Fall Cases
If you are injured on another person or entity’s property, you may pursue a slip and fall claim to hold the property owner accountable for your injuries. However, liability is not automatic. To recover compensation, you must prove negligence on the part of the property owner or occupier. Just like you have the opportunity to argue your case, so too does the defense have an opportunity to argue its own. At HD Law Partners, we are familiar with the tactics that liability defense attorneys use to help their clients skirt liability. When building cases for our clients, we keep these tactics in mind so that when it comes time for negotiations or possibly trial, we are prepared to refute whatever the defense throws our way.
Some common defense tactics liability defense lawyers use in slip and fall cases are as follows:
- Lack of Causation: One of the biggest hurdles in a slip and fall case that plaintiffs face is proving causation, or proving that it was actually the property owner’s fault that the dangerous condition existed. It is not uncommon for the defense to use this fact to its advantage.
- No Breach of Duty: Another element plaintiffs in premises liability cases must prove the existence of is duty. In order to prevail in a slip and fall case, injured parties must prove that the property owner owed him or her the duty to maintain reasonably safe premises.
- Comparative or Contributory Negligence: Even if one can establish causation and duty, he or she still has not won the case. The defense knows this. It may try one final tactic, which is to try and show that the plaintiff was partially responsible for his or her own injuries. If successful, such a revelation would reduce the plaintiff’s settlement by the percentage of fault assigned to him or her. For instance, if 30 percent fault is assigned to the plaintiff, the settlement amount would be reduced by 30 percent. If the plaintiff is assigned more than 49 percent fault, you may not have to pay damages at all.
Let Our Wesley Chapel Slip & Fall Attorneys Work for You
If you or a loved one sustained serious injuries in a slip and fall claim, you can count on our Florida slip and fall defense lawyers to come to your aid and build a strong case that proves that the defendant is more likely than not responsible for the incident. Call HD Law Partners today to get started.