A Jacksonville slip and fall attorney can explain that businesses have the desire for customers to be in their stores so that they can make a profit, so the last thing that they want is for a customer to fall and hurt himself or herself, costing the business money by having the customer embroil them in expensive litigation. However, your Jacksonville slip and fall attorney can also explain that the law will not hold every business responsible for every accident. Instead, the plaintiff and his or her attorney must show that the business or its employees failed to meet the legal duty of care that the business owed the injured customer.
Highest Degree of Care
A Jacksonville slip and fall lawyer can explain that businesses owe customers the highest degree of care to them because they are there for the business’ financial gain. Therefore, a business owes customers more care than any other party that enters its doors. Typically, businesses must protect against problems that it can reasonably foresee, including taking necessary precautions to avoid injuries to their customers. Additionally, they must inform customers of dangers with appropriate warning signs. Businesses must also periodically inspect the premises to cure any potential dangers. They must also maintain the premises.
In order for a plaintiff to recover damages for the injuries that he or she suffered, he or she must show that the business failed to meet its duty in some way. Even if he or she can meet this burden, he or she may not be entitled to the full amount of damages. His or her amount of recovery can be reduced by the amount of the injury that was his or her own fault. The court will reduce the amount of damages by the percentage for which the victim contributed to the accident. For example, if a customer was texting while walking in a store and didn’t notice a spill, the court may find that your own actions were not reasonable and ultimately contributed to the injuries that you suffered.
If you would like to discuss your slip and fall injury with a personal injury lawyer, contact John Fagan at (904) 278-1000.