Personal Injury Lawyers Slip and Fall Accidents
Slip and fall incidents can happen in seconds but the ramifications resulting from their injuries can last a lifetime. It is extremely important that you seek the advice of a personal injury lawyer who specializes in slip and fall cases immediately after suffering such an accident. The attorneys at McGRATH GIBSON are an experienced group of Jacksonville slip and fall lawyers. We have represented hundreds of slip and fall victims and possess the experience needed in these types of accident claims.
Evidence from a slip and fall incident must be gathered and preserved as soon as possible. Unlike a car accident, police do not typically respond to the scene of a slip and fall incident. The only record of the slip and fall incident often becomes the store manager’s or property manager’s report of the accident. This of course is often skewed to favor the property owner or occupier. Your case will depend heavily on this evidence including your statement, witness statements, photographs, and the report completed by the owner, occupier or manager of the property. Insurance carriers will often contact the victim directly with questions about the slip and fall incident. It is highly recommended that you do not directly communicate with the insurance company of the property owner or occupier and allow your attorney to handle these calls or be present. Our experience will protect the actual facts and reasons you slipped and fell, and prevent the insurance company from complicating the incident.
Under Florida law there are different categories of plaintiffs. Each plaintiff is owed a different duty by the owner, occupier or manager of the property. On the Plaintiff’s claim, there is a preliminary issue for the jury to decide. That is to determine if the plaintiff is an invitee or invited license, or if the plaintiff is a trespasser or an uninvited licensee:
a. Invitee or invited licensee:
Whether, at the time and place of the incident in this case Plaintiff was invited on premises owned by or in the possession of Defendant. A person is invited on land or premises of another when he/she enters or remains there at the invitation of the owner or possessor. An invitation may be either express or reasonably implied from the circumstances. A person remains invited as long as he/she uses the premises in the customary manner or in a manner which the owner or possessor of the premises might reasonably have expected and at a place where the visitor was invited or where he/she was permitted to be or where he/she might reasonably have been expected by the owner or possessor.
b. Discovered trespasser or uninvited licensee whose presence is foreseeable:
Whether, at the time and place of the incident in this case, Defendant had a duty to use reasonable care for the safety of Plaintiff. A person who owns or has possession of land or premises, who knows of a condition on the premises which involves an unreasonable risk of harm to another person on the premises has a duty to use reasonable care to warn the other person of the condition and the risk involved, if the presence of the other person is known *[or reasonably foreseeable] by the owner or possessor and if the other neither knew nor should have known of the condition and risk by the use of reasonable care.
The next issue to decide is whether the landowner or occupier was negligent toward the class of plaintiff. This determination is dependent upon the class of plaintiff as illustrated above.
a. Landowner or possessor’s negligence toward invitee and invited licensee:
Whether Defendant 1.) negligently failed to maintain the premises in a reasonably safe condition, or 2.) negligently failed to correct a dangerous condition about which Defendant either knew or should have known, by the use of reasonable care, or 3.) negligently failed to warn Plaintiff of a dangerous condition about which Defendant had, or should have had, knowledge greater than that of Plaintiff; and, if so, whether such negligence was a legal cause of injury to the Plaintiff.
b. Landowner or possessor’s negligence toward discovered trespasser or foreseeable licensee:
Whether Defendant negligently failed to warn Plaintiff of a dangerous condition and risk which were known to Defendant and of which Plaintiff neither knew nor should have known, by the use of reasonable care; and, if so, whether such negligence was a legal cause of injury to the Plaintiff.
For example, if you were injured while shopping at any grocery store, you would be considered an invitee and owed the highest possible duty by the owner or occupier of the property. The owner or occupier would have to be sure that the premise was reasonably maintained in a safe condition. So, if the store allowed liquid detergent to pool for a period of time, which such pool of detergent caused the Plaintiff to slip and fall and suffer injury, the owner and/or occupier of the store would be liable for the injuries that resulted from such fall. Such occurrences are very common.
Whatever the circumstances of your injury, it is advisable to gain experienced legal counsel as soon as possible after your accident. Call our personal injury lawyers for a free case evaluation at (904) 358-3300.
Jacksonville Florida Personal Injury Lawyer and Jacksonville Family Law Attorney Disclaimer:
The lawyers of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer. We proudly offer representation to Military Veterans and the Men and Women who currently served our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
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