Daytona Beach Slip and Fall Accident Lawyers
Although one of the most common types of personal injury lawsuits filed, slip and fall accidents are also one of the most complex cases to prove. This is because, in order to be compensated for your slip and fall injuries, you must be able to prove fault, which means showing that the property owner was negligent and that this negligence caused your slip and fall accident.
According to the law, private property owners have a duty to maintain their premises in a safe manner for expected visitors and, when there is a known, dangerous condition on their property, to properly warn expected visitors. This is just the starting point of a Volusia County slip and fall accident case. In order to be compensated, you have to prove negligence, which means satisfying all of the following elements:
- Showing that the property owner actually does owe you a duty of care. Although a property owner owes you a duty of care to keep his or her property safe, this duty is only applicable when you satisfy the “expected” visitor requirement. In order to qualify as an expected visitor, you must be on the property either for the owners benefit or because you were given express permission to enter the property. As a general rule, trespassers are not afforded this duty of care and thus cannot hold the property owner liable.
- The property owner failed in fulfilling this duty.
- As a result of this failure, you experienced a slip and fall accident that caused your injuries. In other words, if it was not for the dangerous condition on the property you would not have been injured.
- You sustained damages including medical expenses, future medical expenses, loss of income, emotional distress, pain and suffering, etc.
Proving negligence is a complicated matter that requires careful review of the evidence and application of the law. It can become even more complicated when issues of contributory negligence are involved. Moreover, even when one cannot satisfy all the elements of showing negligence (such as when one was a trespasser), there are exceptions to the law that could still allow for compensation. For all of these reasons, it is important to always consult a slip and fall accident attorney.
Since 1977, James O. Cunningham has been helping Daytona Beach slip and fall accident victims receive justice and fair compensation. If you have suffered from a Florida slip and fall accident, call the Law Offices of James O. Cunningham, P.A. at 386-243-4994 for your free initial consultation.
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