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Burden of Proof Becomes Difficult for Plaintiff in Slip and Fall Injury Cases

The effect of the state legal statute is a significant thing to consider if you are thinking about getting involved in a dispute. The problem is the laws keep changing. Take for example, the Florida statute pertaining to slip and fall accidents. The change enacted on July 1, 2011, implies a significant change in the approach to these cases.

 

The burden of proof in slip and fall accidents was on the plaintiff. How does the new law change anything? Florida Statutes 768.0755 just increases the difficulty6 in establishing liability in such an accident. Now, the plaintiff needs to prove that the defendant, i.e. the premises owner/manager, was aware or should have been aware of the problem that the presence of the problem could cause injury to someone.

 

Some circumstances make it easy to establish liability. For example, if an existing condition were always a potential hazard, your  slip and fall attorney Miami would be able to establish liability for the injuries you suffer with ease. For example, the steep staircase with no handrail or a broken step poses as a risk at all times.

 

However, a temporary obstacle led to the slip and fall, establishing that the owner/operator of the premises was aware or should have been aware of it is a little difficult. In such a situation, you need the help of a competent attorney to handle the case and accumulate evidence for this.

 

If you try to locate efficient lawyers and attorneys in Florida, then Florida Lawyers Directory should give you value of your effort providing complete information regarding your search.

 

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