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How to Prove Liability in a Slip and Fall Case

Home  >  Blog  >  How to Prove Liability in a Slip and Fall Case

August 20, 2024 | By Gerald A. Rosenthal
How to Prove Liability in a Slip and Fall Case

On Behalf of Rosenthal, Levy, Simon & Sosa | August 20, 2024 | Personal Injury

Slip and fall accidents are common, and they can lead to very serious physical, financial, and emotional losses. If you’ve suffered an injury in a slip and fall accident that was caused by a property owner or manager’s negligence, your claim will hinge on evidence that proves their liability. The surest means of obtaining the evidence you need to support a favorable claim resolution is working closely with an experienced Port St. Lucie slip and fall accident attorney from the start.

The Elements of Your Slip and Fall Claim

Slip and fall accidents are more common and more dangerous than most people realize, and recovering from your losses is key to your recovery. To bring a successful slip and fall accident claim, the following primary elements must be present:

  • The property owner had a responsibility to your safety, which is referred to as a duty of care. This applies whenever you’re in a store, restaurant, business, medical facility, or any other place where the public is welcome.
  • The property owner breached this duty of care, which is where negligence comes into play. In premises liability claims like slip and fall accidents, property owners are held to the same standard that other reasonable property owners employ under similar circumstances.
  • You suffered an injury as a direct result of the property owner’s breached duty of care, such as if you slipped, fell, and were injured due to a spill that they failed to adequately address within a reasonable amount of time.
  • You suffered legal damages – or losses – as a result.

You’ll need evidence to prove each of these elements, but the primary concern is proving the property owner or manager’s liability.

Proving Liability

To prove that the property owner or manager is liable in your claim, your determined slip and fall accident attorney will need to establish that the owner knew about the risk factor that caused you to be injured prior to your accident, which generally comes down to demonstrating one of the following:

  • That it had been there long enough to discover in the course of ordinary care
  • That it occurred so often that an accident was foreseeable

The kind of evidence that tends to apply includes all the following:

  • The accident report
  • Footage from security cameras in the area of the accident
  • Eyewitness testimony
  • Photos and videos captured at the time of the accident
  • Photos and videos of the obstacle itself

Bringing a solid claim is important to your future, and an accomplished slip and fall accident attorney can help you with that. 

Turn to an Experienced Port St. Lucie Slip and Fall Accident Attorney for the Help You Need

The well-respected Port St. Lucie slip and fall accident attorneys at Rosenthal, Levy, Simon & Sosa appreciate just how serious slip and fall accidents can be, and we will spare no effort in our commitment to your claim and your recovery. We are on your side and here to help, so please don’t wait to contact us online or call us at 561-478-2500 for more information today.

Edan Della Mea | August 23, 2024 | Car Accidents

Cars on busy street

Did you know that the population in Palm Beach County has grown since 1990 by more than double, reaching 1.5 million residents. Over 200 miles of major highways and 50 key intersections now at or near full capacity! All of this means more car accidents.

The COVID-19 pandemic accelerated people to Palm Beach County, reshaping the area’s landscape and bringing new challenges.

Some of the most congested roads include:

  • Indiantown Road: from Jupiter Farms Road to I-95
  • Northlake Boulevard: from Seminole Pratt Whitney Road to Coconut Boulevard
  • Okeechobee Boulevard: from Lyons Road to the Turnpike
  • Southern Boulevard: from Forest Hill Boulevard to the Turnpike
  • Lyons Road: from Boynton Beach Boulevard to Hypoluxo Road
  • Atlantic Avenue: from State Road 7 to Jog Road
  • Clint Moore Road: from Lyons Road to Military Trail
  • Glades Road: from the Turnpike to I-95
Map of Palm Beach

Palm Beach County’s Busiest Intersection

Cars on busy street

Okeechobee Boulevard and Jog Road top the list as the county's busiest intersection.

Okeechobee Boulevard serves as a crucial east-west route into and out of West Palm Beach and is consistently one of the county’s most congested roadways.

Hood Road in Palm Beach Gardens. These signals use sensors to detect traffic volume and adjust the lights, accordingly, aiming to route vehicle and pedestrian traffic more efficiently.

Other Heavily Traveled Intersections

  • Forest Hill Boulevard and Haverhill Boulevard: 8,433 vehicles (afternoon)
  • Palmetto Park Road and State Road 7: 8,168 vehicles (afternoon)
  • Woolbright Road and Congress Avenue: 7,544 vehicles (afternoon)
  • PGA Boulevard and Military Trail: 7,469 vehicles (afternoon)

The Broader Impact of Traffic Congestion

Traffic congestion can significantly diminish the "quality of life" in a neighborhood. Safety, reliability, and convenience are compromised, leading to worsened air quality, increased public infrastructure costs, and potential health impacts.

Congestion also raises the costs of delivering goods and services due to longer travel times and higher operating costs. Additionally, businesses may face increased inventory costs, less efficient production schedules, and limited access to labor and markets.

Contact us online for more information about Palm Beach County.

Gerald A. Rosenthal Author Image

Gerald A. Rosenthal

Retired

Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.

Author's Bio

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