In Florida, escalators are very common in almost all public places like malls, airports, hotels, stations, etc. Even though they are designed for convenience, without proper maintenance, they can also become dangerous. A fall from an escalator can lead to severe and even life-threatening injuries. In such cases where the accident was caused by such negligence, the victim involved in the accident may be entitled to compensation.
Florida’s year-round foot traffic, fueled by both tourists and residents, means escalators are constantly in use, increasing wear and tear. Unfortunately, not all property owners in the state prioritize timely inspections or repairs, which raises safety risks.
But proving negligence in such cases is not exactly easy. You need to have the right evidence to prove negligence. Especially in a state like Florida, to get compensation for a slip and fall case, you need to ensure that you are not found to be more than 50% at fault for your accident, file a claim within 2 years of the incident, and prove that the hazard was known. This is where hiring a Florida slip and fall accident lawyer can be helpful for you.
So, here’s what you need to know about proving negligence in a Florida escalator slip and fall case.
1. Understanding the Types of Negligence
To prove negligence means that the property owner failed to take the necessary action to ensure the safety of the people visiting the place. In an escalator accident, negligence can be due to many reasons, such as:
- Failing to maintain or inspect the escalator.
- Not regulating the speed
- Not repairing known damages to the escalator, like sudden stops
- Lack of warning during maintenance.
To prove negligence, you must show how the party involved knew about the hazard but did not take the necessary steps to fix it or warn the users.
2. Proving Duty of Care and Breach of Duty
Duty of care means that the person was responsible for providing the necessary care to you. In this case, the property owner had a duty to keep the surroundings and the escalator safe for visitors. According to Florida law, property and business owners have a duty of care to their guests.
Then you have to prove a breach of duty or that the responsible party has breached their duty, like not conducting regular maintenance, ignoring previous complaints, or even surveillance footage of the escalator’s situation.
3. Establishing the Cause of the Fall
A fall can be due to many reasons, which is why another main factor when it comes to proving negligence is showing that the breach of duty is what caused you to slip and fall. So, ensure that you report the incident immediately. Without a proper report, the insurance agencies can testify that there was no formal report given at the time of the incident.
4. Proving Injuries and Damages
To file for compensation, you need to prove that the fall actually caused you injury and pain. So, even if the injury may not be serious, always seek medical help immediately. The medical reports and bills can be great evidence for your injuries. It can also support you in case of lost wages and even emotional suffering.
Conclusion
Proving negligence in a slip and fall case can be complex, but with the right evidence and lawyers for help, you can fight for your rights. So if you are ever in such a situation, don’t forget to keep these details in mind.
