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What is a trip and fall case?

When you own a home or business in Pensacola or the surrounding area, you have a duty to ensure that your property is reasonably free of hazards. When a visitor to your property trips and falls, injuring themselves, they will have the legal grounds necessary for a personal injury lawsuit if they can prove that you did not maintain your property properly.

A trip and fall case is similar to a slip and fall case in that several elements must be proven. In order to have a successful case, a victim must be able to show the court that:

  • You own the property
  • You did not maintain the property in such a way that it was reasonably free of hazards
  • They tripped and fell on your property
  • The accident was due to your negligence
  • Injury occurred
  • The injury was a direct result of your negligence
  • There was a financial loss, or other type of loss, as a result of the injury

When a victim can prove these things in court, you may be ordered to pay damages.

For example: You own a home and know that roots are coming up out of the ground near your sidewalk. A person trips over a root, falls and sprains their ankle. As a result of the injury, they are out of work for several weeks. They may be able to secure compensation from you in court.

If you have been injured on someone’s property due to a trip and fall, an experienced personal injury attorney can assist you in filing a lawsuit.

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