As a general rule, property owners are responsible for injuries which occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about. One of the most difficult parts of winning a slip and fall case is proving that the property owner knew or should have known about the dangerous or hazardous condition.
Suppose a person is injured when slipping over a broken container of bottled water, which fell off the shelf in a grocery store. The questions listed below are a brief example of the factual and legal analysis that our law firm must perform in order to determine who is liable:
- Should the grocery store owner be liable to the injured person?
- Should the grocery store owner have known that the bottled water could fall off the shelf and then cause somebody to slip and fall?
- Can the employee who placed the water on the shelf be liable?
- Did someone notify the grocery store of the broken water container prior to the accident?
- Can the water bottle manufacturer be liable for failing to design a water container that will not break when it falls off the shelf?
- Was the lighting in the grocery store sufficient so that the injured person could see the water?
- Was the type of flooring used in the grocery store in accordance with local building codes?
- Was a caution sign or grocery store employee present at the time of the slip and fall?
After an extensive factual investigation, our law firm would determine if the property owner or someone else should be held liable for the injuries caused in the fall. In order to establish liability, we will frequently work with engineers, investigators, industry experts, and accident reconstructionists. Under Florida law, more than one person or company can be held liable for the injuries caused in the fall.
The Law Offices Schiller, Kessler & Gomez, PLC provides aggressive and effective legal representation to our clients with the highest standards of excellence, compassion and integrity. We always provide personalized attention and deliver prompt communication so that our clients always know where their case stands. Contact our offices anytime to schedule a free consultation.