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Category Archives: Slip and Fall

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“Who Knew What When?” Is Often The Key Question In Slip-And-Fall Lawsuit

By Leifer Law Firm |

Slip-and-fall and other premises liability cases often turn on “who knew what when.” The plaintiff first needs to prove that there was a dangerous condition on the defendant’s property that caused the plaintiff’s injury. But the plaintiff must also prove that the defendant knew–or should have known–about the danger while the plaintiff was unaware…. Read More »

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Can Someone Other Than A Property Owner Be Held Responsible For A Slip And Fall Accident?

By Leifer Law Firm |

Slip-and-fall accidents usually fall under the broader category of “premises liability” claims. This refers to the legal obligation of anyone who owns or controls a premises to keep the property in reasonably safe condition for invited guests. Note that a party may exercise “control” over the property for purposes of premises liability without necessarily… Read More »

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How Much Evidence Do You Need To Prove “Constructive Knowledge” In A Slip And Fall Case?

By Leifer Law Firm |

Slip-and-fall accidents are often the result of liquid or another slippery substance left unattended to on the floor of a public accommodation. The property owner is required to keep their premises in “reasonably safe” condition under Florida law. This means it is incumbent on a store manager, for example, to regularly inspect their floors… Read More »

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Does It Matter How Much Your Personal Injury Claim Is Worth?

By Leifer Law Firm |

Although multi-million dollar personal injury verdicts tend to make the news headlines, most cases only involve a few thousand dollars in damages. Of course, if you are the victim, any amount of damages are welcome relief. But what you may not realize is that the value of your claim can have a significant impact… Read More »

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Is A Building Code Violation Proof Of A “Dangerous Condition”?

By Leifer Law Firm |

Florida law requires all property owners to keep their premises in a “reasonably safe condition” for invited guests. An owner can be held legally responsible if a “dangerous condition” on the property causes injury to an invited guest. One way to establish the existence of a dangerous condition is a building code violation. In… Read More »

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Is An Owner Liable For Negligence In The “Mode Of Operation” Of Its Business?

By Leifer Law Firm |

In a slip-and-fall case, the plaintiff must prove that the owner of the property had “actual or constructive knowledge of the dangerous condition” that caused the accident. Historically, Florida courts could apply a common-law rule known as “negligent mode of operation” to establish constructive knowledge. Basically, if the owner maintains or enforces a policy… Read More »

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Is Circumstantial Evidence Enough To Prove A Personal Injury Case?

By Leifer Law Firm |

In any trial, a party may introduce both direct and circumstantial evidence to prove their case. Direct evidence usually consists of witness testimony, i.e., a person recalling what they personally saw or was told. Circumstantial evidence, in contrast, is indirect evidence from which a jury can infer certain things happened. Florida Appeals Court Tosses… Read More »

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Understanding The Use Of Expert Testimony In Personal Injury Cases

By Leifer Law Firm |

Many personal injury cases require the use of expert testimony. An expert can offer context and understanding of certain technical issues that is normally beyond the experience of the average person–that is to say, the average juror. Trial courts use a test known as the Daubert standard to screen potential expert testimony. If the… Read More »

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What You Need To Know Before Filing A Personal Injury Lawsuit Against The Government

By Leifer Law Firm |

If you are injured in a slip-and-fall accident while on private property, such as a supermarket, you normally have the right to sue the owner for damages arising from your accident. But what happens when you are on government-owned property? Say your slip and fall occurred while you were at the Post Office. Can… Read More »

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Are Government Contractors Protected By Sovereign Immunity From Personal Injury Lawsuits?

By Leifer Law Firm |

When you want to file a personal injury lawsuit against the state or any part of the state, such as a county, you need to be mindful of the rules governing sovereign immunity. Basically, you cannot sue the government unless the legislature adopts a law permitting such lawsuits. The Florida legislature has adopted such… Read More »

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