Understandably, you may initially feel embarrassed after slipping and falling down a staircase. You may attribute it to your clumsiness and wish to move on from it swiftly. But after reliving the incident in your head repeatedly, you may soon realize that you should not assume the blame. With that being said, please follow along to find out who is potentially at fault for a slip and fall accident on a staircase and how a proficient Miami staircase accident lawyer at the Law Offices of Gonzalo Funes, PA, can help you build a strong legal case against the responsible party.

Who is at fault for a slip and fall accident on a staircase?

A property owner is most likely at fault for your slip and fall accident on an interior or exterior staircase on their premises. This is because they automatically assume a duty of care in ensuring their premises of clear of any potentially hazardous conditions. This means replacing a missing step, fastening a loose handrail, or otherwise rectifying their possibly dangerous staircases as soon as possible.

However, if you pursue a slip and fall accident claim against a property owner, they may try everything in their power to assign the fault to you. Of course, this is because they do not want to be held liable for paying you compensatory damages. And so, ahead of your claim proceedings, you must be prepared for the defendant to make any of the following arguments against you:

  • A defendant may accuse you of using a staircase while distracted by your phone or something else in your hand.
  • A defendant may accuse you of using a staircase while carrying items that obstruct your vision and clearance.
  • A defendant may accuse you of failing to utilize the provided handrails to help you navigate a staircase safely.
  • A defendant may accuse you of participating in horseplay with another present party while on the staircase.
  • A defendant may accuse you of running down, rushing through, or jumping over steps on a staircase in a hurry.
  • A defendant may accuse you of wearing inappropriate footwear that makes navigating a staircase more dangerous.

How does fault contribute to my slip and fall accident claim?

After hearing both sides of the argument, the Florida civil court may assign a percentage of fault to you and the defendant. Per the state’s modified comparative negligence law, you must be proven to be 50 percent or less at fault for your slip and fall accident to claim any sort of financial compensation.

With that, the amount you can recover may depend directly on your stated percentage of fault. For example, say you are found 40 percent liable. Well then, the defendant may only be ordered to pay for 60 percent of your claimed damages (i.e., medical bills, lost wages, personal property damage, etc). This is why it is so important for you to combat any nonsensical argument the defendant throws your way.

If you need help preparing for this upcoming personal injury case, turn to a talented Miami slip & fall lawyer. We at the Law Offices of Gonzalo Funes, PA, have gone through this countless times before, and we are ready to go through it again to support you.