After a slip and fall, a person can usually file under a negligence account or under a premises liability account. A general negligence case describes somebody that either does not own the premises or does not control the premises. In this case, there could be a negligence case or a breach of the duty to maintain the premises in a reasonably safe condition. Premises liability is basically negligence from the owner or the controller of the premises, so they are similar but a person can call them different names.
To better understand the circumstances surrounding the slip and fall case process in Tampa, an individual should contact a lawyer immediately. An experienced Tampa slip and fall attorney can build a case to help maximize any potential compensation you may be deserving of.
Process of a Claim
The person that is injured is the plaintiff in a slip and fall case, and they are bringing the claim against the owner or the controller of the property or business that they were injured at. That entity is the defendant. This begins the case process in a Tampa slip and fall case.
Sometimes, a case can have more than one defendant. This occurs if there are multiple owners or if a person is suing the owner of the premises, the landlord, and then the tenant or the business that was renting the premises. For example, if an individual goes to a gas station, somebody can own the property and then somebody can actually own the gas station itself, so an individual may have to sue both parties because they went to get gas and they slipped and fell on a dangerous condition.
Those are the two parties involved. A person chooses their cause of action if it is a premises liability case. They must prove duty, breach, causation, and damages. They must also prove that the other party had a duty to maintain the premises in a reasonably safe condition, that they breached that duty, and that breach caused their injuries. That is the claim that the individual has to bring forward when they file a case in a premises liability case in Tampa.
Proving the Claim
During the case process in a Tampa slip and fall, a person has to prove duty, breach, causation, and damages. They must prove that the defendant had a duty to maintain the premises in a reasonably safe condition, they breached that duty by not correcting a dangerous condition, and that breach of duty caused the injury that the individual sustained in a slip and fall accident.
Hearing of the Case
The slip and fall case is heard in the county that the slip and fall accident occurs in. Whether the case is heard in circuit, district, or a different court depends on how much the case is worth. If it is a minor injury, up to $5,000, it can be heard in small claims court. If the injury is worth between $5,000 and $15,000, it is heard in county court. If the case is worth anything more than $15,000, it will be filed in the circuit court. Most of these cases are filed in the circuit court. To learn more about the case process in a Tampa slip and fall case, an individual must contact an attorney.