Shifting the Blame: A Common Tactic After a Slip and Fall Accident

shifting the blame slip and fall accident_armando_blogSlip and fall accidents can cause serious injury and harm. In fact, according to the National Floor Safety Institute, slip and falls accounted for 1 million hospital emergency room visits each and every year. Fractures, soft tissue injuries, back injuries, and head injuries are some of the most common injuries that occur during slip and falls.

Unfortunately, in the months following a slip and fall accident, property owners and insurance companies may begin to shift the blame for the accident back onto the victim. This is a devious tactic that can significantly jeopardize your ability to file a claim and collect the compensation you need.

Proving Negligence in Premises Liability Claims

A slip and fall accident is a common type of premises liability accident. These types of accidents occur on someone else’s property and are often caused by property owner negligence.

Although premises liability laws protect injured accident victims by making negligent property owners liable, the burden of proof falls on the accident victim. In order to win your case and collect the money you need, you will have to prove that the property owner’s negligence directly led to your accident and injuries. This can be difficult because it requires the plaintiff to prove that the property owner knew or should’ve known of the hazards and failed to take reasonable steps to fix the problem.

To further complicate matters, some slip and fall accident victims may have contributed to their own accident and injuries, either due to lack of awareness or reckless behavior. If the courts determine that the victim contributed to the accident in any way, they may not be able to collect the full amount of compensation they are owed. While property owners do have a duty of care to eliminate the hazardous conditions, guests also have a responsibility to act appropriately to prevent their own injuries.

In slip and fall cases, if both the property owner and the plaintiff are found to be at fault, then the court will reduce the plaintiff’s damages by the amount they’re found to be liable. For example, the court determined that the injured party was 50% responsible for the accident and their injuries, and they awarded $10,000 in damages for the accident. The full award would be reduced by 50%, meaning the injured victim would only receive $5,000.

Property owners and insurance companies know that if they can shift even some of the blame to the accident victim, they can reduce their own liabilities. As such, it is important to have an experienced and skilled slip and fall accident lawyer on your side to protect your rights to full compensation and prevent insurance companies from shifting the blame.

Contact Our Tampa Slip and Fall Accident Lawyers Today

At Armando Personal Injury Law, our Tampa slip and fall accident lawyers know how complicated premises liability claims can be. Without an attorney on your side throughout the legal process, it is often very difficult to prove negligence and obtain the money you need to fully recover.

Contact Armando Personal Injury Law at (813) 538-1589 or fill out our confidential contact form. We have offices in Tampa, Fort Lauderdale, and Lakeland, Florida and we offer complete legal assistance every step of the way.

 

Additional Resources: