Dispelling Slip and Fall Myths: Why Can’t I Get Money for My Slip and Fall?
There’s a common misconception about slip and falls. Many people believe that if they slip and fall on someone’s property that they can sue and get money as a result. Unfortunately, this is not true. In order to recover money for a slip and fall accident on another’s property, certain elements must take occur. Today our Miami slip and fall lawyer will dispel the myths surrounding slip and falls and what can keep a person from recovering compensation.
Factors Preventing Recovery in Slip and Falls
When you slip and fall and bring a lawsuit, you carry the burden of proving your case. There are a few factors under premises liability law that prevent people from recovering compensation for a slip and fall. Those factors include the following:
- You weren’t invited to the establishment.
- You weren’t conducting business on the property.
- You were trespassing.
This is just the first set of factors that apply to the person who fell on the premises. Below we discuss the premises owner’s duties and factors that prevent people from recovering compensation.
No Negligence, No Case.
If the plaintiff slips and falls on a substance and can’t prove the property owner’s negligence was the reason for the slip and fall, there’s no recovery. According to Florida law, the following must happen:
- The establishment must have had knowledge of the floor’s condition
- The establishment should have taken steps to fix or remedy the floor’s condition
- The establishment should have known about the condition due to how long the floor was in the condition
- The condition occurred often and was foreseeable
For example, if a person spills a soda in front of you and you immediately slip on the substance, you cannot hold the property owner liable for negligence. The property owner would not have had time to have knowledge of the floor’s condition and take action to clean up the soda. At this point, the property owner has done nothing wrong. Finally, we’ll discuss what will happen if you contribute to the slip and fall.
Comparative Negligence Issues
In order to recover from the slip and fall, the plaintiff must show that he or she was not negligent and did not cause the slip and fall. Because Florida is a comparative negligence state, the court will assign percentages of fault. The plaintiff’s amount of recovery will be reduced by the percentage of fault assigned to him or her. If the plaintiff’s degree of fault is 100%, there’s no way he or she can recover compensation for the slip and fall.
Did You Slip and Fall at an Establishment in Miami? Call Spencer Morgan Law.
If you experienced a slip and fall, contact the Miami slip and fall lawyers at Spencer Morgan Law at 305-423-3800 for a free consultation. We will take the time to review the facts of your case, gather any relevant evidence and work to make sure you receive the maximum amount of compensation you deserve. There are no fees or costs if no recovery.