FAULTY HANDRAILS & STAIRWELL ACCIDENTS

The first step in pursuing compensation after a slip and fall accident of any kind is to file a personal injury claim against the party that owns the property. If it is a privately owned property, this is fairly straightforward. When the property is owned or controlled by a business or a group of businesses, the plaintiff will need to be sure to include each potentially liable defendant to ensure that they fully assert their right to compensation.

In the lawsuit, the plaintiff will need to prove four separate elements: that the defendant owed them a duty of care, that the defendant breached the duty, that the breach was the cause of the plaintiff’s injuries, and that they sustained damages that may reasonably be quantified. When it comes to the duty element, property owners are required to maintain their premises in a reasonably safe condition, to provide warnings against any known dangers, and to repair known dangerous conditions in a timely manner. The level of care that the property owner owes changes depending on the reason that the accident victim was on the property. People who are on the property for a business purpose are owed a higher duty of care than social guests, for example.

After establishing that the defendant breached the duty of care, the next element is causation. Injuries that may result from faulty handrail or stairwell accidents often include broken bones and head injuries, especially if the victim falls from a considerable height. The defendant is allowed to provide evidence that suggests that the victim acted negligently and contributed to the accident, but the pure comparative negligence rule in Florida means that the victim’s fault will only reduce rather than eliminate their compensation, unless they were fully responsible for the accident. Damages that often may be obtained in slip and fall cases include medical bills, lost wages, pain and suffering, and diminished quality of life.