In most slip and fall cases, a person’s behavior is considered when determining whose carelessness caused the accident. Legally referred to as “comparative negligence,” the issue is a persistent one in many injury cases. In a slip and fall case, comparative negligence rules help a person measure the reasonableness of their own actions just before an accident. The victim should consider their likely answers to the questions below, as insurance adjusters typically ask them when a claim is filed by a Slip & Fall Accident Attorneys in Stuart FL.
* Was there a reason to be where the accident happened? The important issue here isn’t whether the reasoning is legitimate to the victim, but whether it’s reasonable for a premises owner to anticipate the victim’s presence in the area. If a victim’s presence could not have been anticipated, their claim will be less solid.
* Should a person have noticed and avoided the danger or have been careful enough not to trip and fall? This question usually does not have a simple answer. However, if a dangerous condition is obvious; such as a wet area around a pool; a victim’s recovery could be reduced or barred by their own negligent behavior.
* Was there a warning of possible danger? If a warning existed, and signs were readily visible, a property owner’s liability will be lessened by a victim’s comparative negligence or failure to read posted warnings.
* Was the victim distracted at the time of the accident? If the injured party was not paying attention to where they were going or if they were engaging in horseplay at the time of the accident, a property owner’s liability is reduced by the level of the victim’s carelessness. Today, many slip and fall cases handled by Slinkman, Slinkman, & Wynne involve those who are talking on the phone or texting when the accident occurs.
In a slip and fall case, it is not necessary for a victim and their Slip & Fall Accident Attorney in Stuart FL, to prove they were careful. However, they should consider what they were doing at the time of the accident, and they should consult an attorney for advice on how to describe the accident to an insurance adjuster. The wording of an insurance statement can greatly affect the damages paid, and a Slip & Fall Accident Attorney in Stuart FL, can dispense advice on what to say and how to say it.