When Your Fall is Much Worse Than an “Accident”
Falls, particularly from staircases and ledges, are one of the leading causes for hospital visits in the United States. A few scratches and bruises are often the worst symptoms that many of us experience, but some victims of negligence suffer severe consequences. Such people are victims and may require the aid of a qualified Orlando accident attorney because their so-called “accident” is brought on by the negligent behavior of the property owner. A sudden fall can lead to a concussion, spinal injury, ruptured ligaments, or worse.
Whether an accident occurs on commercial, residential, or even government property, a personal injury attorney in Orlando may be able to help determine if the property owner allowed any “dangerous condition” that contributed to an accident. Damaged walkways, poor lighting, and slippery surfaces from spills or weather are only a few common and inexcusable causes of slip and fall injuries.
Determining Responsibility
If you or a loved one is injured in a fall, it is the duty of your personal injury lawyer to determine the responsibility and negligence of the property owner. Three factors are considered in determining culpability:
- That the owner either caused or was aware of the risk
For example, property owners are responsible for installing handrails and adequate lighting in places where people are expected to pass. Many fire safety codes will even specify that certain exits be clearly marked and navigable in case of emergency.
- That the owner failed to correct the risk
For example, if a bit of flooring becomes damaged and creates a trip hazard, the floor must be promptly repaired and a barrier put up in the meantime to warn passersby.
- That sufficient time had passed for the owner to have discovered the risk
For example, if rainy weather causes an entrance to become slippery as customers track water inside the building, such a problem may not be immediately noticeable. However, if wet floors are a recurring problem every time it rains, then enough time has passed for the issue to be safely remedied.
When a victim suffers injuries and damages as the result of such actions, an experienced Orlando personal injury lawyer will demand fair compensation.
Understanding Comparative Negligence
Determining responsibility is a major factor in all personal injury claims because for certain cases you may be deemed partially responsible for your own injuries. Pure comparative negligence law in the state of Florida limits the recovery of personal injury plaintiffs by the exact percentage of which you are negligent. For example, if you are engaging in activities that violate the law or established policies, if the owner was unaware of your presence on the property, or if the hazard could have been easily avoided, then your recovery will reflect that amount of personal negligence. Clearly, you’re being distracted or intoxicated does not alleviate property owners of total culpability, so a knowledgeable Orlando personal injury attorney will be able to create a valid argument of negligence.
Involving an Orlando Accident Attorney
It is the legal and moral duty of home and business owners anywhere to maintain reasonably safe conditions for all who enter. Contact a qualified personal injury attorney in Orlando for any “accidental” fall that leaves you suffering.
