Slip and Fall Accidents

Claiming Negligence After a Slip, Trip, or Fall

The law of negligence requires people to conduct themselves in a manner that conforms to certain standards of conduct. Where a person's actions violate those standards, the law requires the person to compensate anyone who is injured as a result. In some instances, the law of negligence also covers a person's omission to act.

How Is Negligence Defined and Demonstrated in a Personal Injury Case?

In tort law, negligence is a distinct cause of action. The Restatement (Second) of Torts defines negligence as "conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm."

In a successful negligence claim, the plaintiff must show that each of the following five elements were present:

  1. a duty of care owed by the defendant to the plaintiff
  2. a breach of that duty
  3. an actual causal connection between the defendant's conduct and the resulting harm
  4. proximate cause, which relates to whether the harm was foreseeable
  5. damages resulting from the defendant's conduct.

Duty can arise in any number of situations. For example, a driver owes a duty to other motorists to drive safely and observe the rules of the road. By running a stop sign, the driver arguably breaches that duty.

I Provide Compassionate, Skillful Legal Representation for Injured People in Sarasota

Navigating Florida's legal system can be confusing, and there could be a lot at stake if the accident caused serious injuries. Learn more about the strength of your case by receiving a free case evaluation from my office. Be sure to ask about my contingency fees, which allow me to take your case and represent you without requiring any payment until (and unless) I win your case.

Call (866) 233-4529 today to connect with a Sarasota personal injury lawyer from Gerber Law Group.