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Is the Business Always Liable for Slip & Fall Accidents?

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If you or a loved one slips and falls at a place of business, you may wonder whether you will be able to file a claim against the business owner. There are many instances where the business is liable for the accident, but that responsibility does not necessarily extend to all circumstances. Here are 3 major elements that go into determining liability for slip and fall accidents:  

  1. Does the Business Have a Duty of Care? 

When a person is legally on the property of a business, the business essentially owes a duty of care to them. Part of this duty includes keeping the property safe so that no one gets hurt. This duty does not apply to trespassers, so if you were injured on the business’s property when you were not legally allowed to be there, the business is not liable. However, if it happened during normal business hours, it should not be hard to prove that you were legally allowed to be there.  

  1. Does the Business Have a Breach of Duty? 

Once it is determined that the business has a duty of care, you need to consider whether they have truly breached that duty. Did they fail to mark a tripping hazard? Did they fail to mark and clean up an obvious spill? Proving that they breached their duty of care will be easier if you have photos, surveillance footage, or an eyewitness.   

  1. What was the Exact Causation? 

For the business to be liable for the accident, the fall must have been directly caused by the business’s breach of duty. For example, if you have a preexisting condition that likely assisted in causing the fall to happen, it could be difficult to prove the business to be liable. 

If you find yourself asking these questions after a slip and fall accident at a business, don’t jump to conclusions too quickly. Even if you think there is a long shot for the business to be liable, get in touch with an experienced personal injury lawyer just in case! 

Whether you’ve been injured in a car accident, on the job, or on the water, the Pensacola personal injury attorneys at the Law Office of J.J. Talbott are here for you. We understand it is often a very difficult time in your life, and we strive to make process comfortable and simple to get you the best possible results. Contact us today for a no cost, no obligation consultation. 

Law Office of J.J. Talbott 

900 East Moreno St. 

Pensacola, FL 32503 

(850) 437-9600 

https://www.talbottlawfirm.com/


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