The Four Elements of Negligence in a Tampa Slip-and-Fall Case
If you’re planning to file a slip-and-fall lawsuit in Tampa, one of the most important concepts you’ll need to tackle is something called “negligence.” If you can’t establish negligence, it’ll be virtually impossible to recover compensation for your fall-related injuries. Negligence has four elements, and you might want to consider them carefully before proceeding with your claim. Contact an experienced lawyer for more information about negligence.
What Is Negligence?
Negligence is a legal concept that represents the fault or “mistake” of a person in an accident. A person is “negligent” when they cause someone else to suffer injuries through certain types of errors. These errors can be actions or inactions. In order to gain success in your slip-and-fall lawsuit, you must establish negligence. In other words, you must prove that someone else is to blame for your injuries.
Duty of Care
Each property owner owes the general public (and most other individuals) a “duty of care.” This means that they must take reasonable steps to avoid unnecessary injuries on their premises. The mere fact that a property owner allows other people onto their property is often enough to establish a duty of care. However, trespassers may not be able to benefit from this protection.
Breach of Care
Second, the plaintiff must show that the property owner has “breached” this duty of care in some way. This might involve failing to repair the property or allowing a spill to go unaddressed for a prolonged amount of time. A property owner could breach their duty of care by allowing any kind of danger or hazard. Once they become aware of a hazard, they must fix it within a certain amount of time.
Causation
The third element of negligence is “causation.” This represents the connection between the breach and the actual injuries. A property owner might breach their duty of care, but this doesn’t always lead to an accident. For example, a property owner might fail to replace a lightbulb in a stairwell. However, if someone slips and falls in a different stairwell with a functioning lightbulb, there would be no “causation.”
Injuries
The final element of negligence is “injuries.” In other words, a lawsuit is only possible if you actually got hurt due to your fall. You can prove the existence of your injuries by seeking medical treatment immediately after your fall. This will create medical records that include details of your injuries. You can use your medical records and the testimony of your doctors to establish your injuries.
Contact an Experienced Slip-and-Fall Lawyer in Tampa for More Information
A slip-and-fall lawyer in Tampa can help you learn more about negligence and its four elements. While you don’t necessarily need to master this concept in order to file a lawsuit, a greater level of understanding could help you approach your claim with greater confidence. Contact Anderson & Anderson today to expand on this conversation.
Source:
my.clevelandclinic.org/health/diseases/slip-and-fall-injury
