Uneven Floor Accidents
When people or businesses build structures, they generally aim to ensure that they are constructed soundly and comply with all applicable building codes and regulations. Errors in the construction process and the settling and shifting of various components over time can result in hazards that present a danger to people, such as floors that are not flat or level. Even slightly uneven floors can cause people to trip and fall and sustain significant injuries, and property owners that fail to correct harmful conditions that cause accidents should be held accountable. At The Grife Law Firm, our Boca Raton slip and fall lawyers have ample experience aiding injured people in the pursuit of compensation. We represent people in claims arising from uneven floor accidents in cities throughout South Florida.Dangers of Uneven Floors
The most significant danger presented by uneven floors is that they will cause someone to trip and fall. For example, if a portion of a floor is slightly higher or lower than the surrounding areas, it may catch a person’s foot, causing them to stumble or fall forward. In some instances, the transition between two rooms will not be level, which can cause people to fall as well. Typically, uneven floors are caused by improper construction, the use of inadequate flooring materials, or the settling of buildings over time. People who fall due to uneven floors often suffer fractures, concussions, torn ligaments, and muscle and joint strains and sprains.Elements of a Premises Liability Claim
People who fall and suffer injuries on someone else’s property may be able to recover compensation via a premises liability lawsuit. A plaintiff in such a case will usually assert a negligence claim against the defendant. Negligence is comprised of four elements, the first of which is a duty owed by the defendant.
In Florida, property owners generally have a duty to maintain their property in a reasonably safe condition to prevent people who legally enter the property from suffering harm. They must also warn of any known hazards that entrants are unlikely to discover on their own. The second element of negligence is a breach of the duty, which means that the plaintiff must show that the defendant’s acts or omissions departed from the standard of care imposed on property owners. Third, the plaintiff must prove that he or she suffered actual damages. Finally, there must be a causal link between the plaintiff’s harm and the defendant’s breach of the duty owed.
Many defendants in cases arising out of uneven floor accidents will attempt to evade liability by arguing that the floor represented an open and obvious condition of which the plaintiff should have been aware and that the plaintiff acted negligently by walking over the floor despite the known danger. Under Florida Statute 768.81, which defines comparative negligence, plaintiffs who contribute to their own harm in some way may still be entitled to recover damages from negligent property owners. Specifically, this statute states that fault attributed to a plaintiff will proportionately reduce the damages awarded but will not bar the plaintiff from recovering compensation altogether. A plaintiff who proves liability may be granted economic damages, such as the cost of medical treatment and compensation for lost wages, as well as non-economic damages, which represent reimbursement for the pain, suffering, and trauma endured.Meet With a Skillful Boca Raton Attorney
People should be able to access businesses and other properties that are open to the public without fear of suffering injuries. Still, many people in Florida are injured each year in uneven floor accidents. The slip and fall lawyers at The Grife Law Firm take pride in helping people injured due to the carelessness of others seek redress for their losses. If we represent you, our attorneys will advocate aggressively on your behalf. Our office is located in Boca Raton, and we also represent injured people in lawsuits in Fort Lauderdale, Miami, and West Palm Beach. You can contact us at 855-998-0770 or via our form online to set up a meeting.