Whether you’re a nurse, a teacher, or work construction, Worker’s Compensation may be your only source of monetary recovery if you suffer injury by slipping and falling while on the job. However, Worker’s Compensation claims often fall short of covering all damages such as loss of enjoyment, pain and suffering, etc.. These would normally be recovered in a personal injury claim or lawsuit.
Additionally, Worker’s Compensation makes it nearly impossible to sue your employer and win a personal injury lawsuit against them. Our slip and fall lawyers would focus on potential liabilities of a 3rd party property manager, owner or other liable party and not your direct employer.
Under personal injury law, slip and fall accident cases are a form of premises liability, a legal concept that refers to any injury that is caused by a defective or unsafe condition on another person’s property. To win this type of personal injury case, the injured party or plaintiff must prove there was a failure to exercise reasonable care or negligence on behalf of the individual or entity that maintained or owned the property. The injury lawyers deal with such aspects regularly and represent clients with varying levels of injuries.
However, the existence of a dangerous condition or the occurrence of an injury doesn’t automatically mean that the owner of the property was negligent. In most cases, you’re required to prove that the property owner knew or should have known that an unsafe condition existed but failed to address or correct the issue. (The burden of proof for a slip and fall injury is found in F.S. 768.0755.)
Determining Liability / Proving Negligence
For a property manager or owner to be liable for the injuries you suffered by slipping and falling on their property, you must prove one of the following:
- The property owner or one of their employees caused the dangerous or slippery area, the spill, or the torn or worn spot, or an item to be underfoot.
- The property owner or one of their employees knew about the dangerous surface but failed to do anything about it.
- The property owner or one of their employees should have known about the dangerous surface because a reasonable individual would have discovered it and either removed the item or repaired the spot.
Although the third scenario above is the most common, it is less clear-cut than the other two because of the phrase “should have known.” For more information about slip and fall injuries that occur on the job, call the Graves Thomas Rotunda Injury Law Group at (772) 569-8155 today.