Who’s at Fault When You Slip and Fall in a Public Restroom in Florida?
Nearly every commercial business in Miami, including shopping malls, restaurants, hotels, and others, have public restrooms that can be used by their guests. Millions of Americans visit public toilets every day. For some, a trip to a public bathroom can lead to injuries.
Slip and fall accidents in public restrooms are not uncommon in Florida. The majority of slip and falls in public restrooms are caused by the negligence of the property owners, business, or their employees.
How is Fault Established in a Slip and Fall Accident in a Public Bathroom?
In Florida, property owners must maintain their premises, including public toilets, in a safe and sanitary condition to minimize the risk of harm and injuries to their guests and customers. Under the vicarious liability doctrine, employers are held responsible for their employees’ negligence.
However, you must be able to demonstrate evidence proving that the property owner or their employees were negligent and that their negligence was the proximate cause of your injuries. For this reason, it is best to hire an experienced slip and fall accident attorney in Miami to gather evidence.
Why You Need a Miami Slip and Fall Accident Attorney
Your lawyer can help you establish fault by proving that the property owner failed to maintain the premises in a safe condition free of any unreasonable hazards or failed to remedy the dangerous condition in a timely manner.
However, since Florida follows the doctrine of comparative fault, you could be partially at fault for your injury in a public restroom accident. Thus, if the property owner can prove that your own negligence contributed to your slip and fall accident in the public bathroom, your compensation will be reduced in proportion to your percentage of fault.
After a public restroom accident, it is important to determine who owns, maintains, and controls the premises where your injury occurred. Many victims of slip and fall accidents do not know how and who they should report their accident to. That is why you need a slip and fall accident lawyer to protect your legal rights and help you establish fault in your particular case.
Possible Legal Challenges Following a Public Bathroom Accident
A large percentage of public bathroom accidents can be prevented by the janitorial staff conducting routine inspections and properly cleaning the premises to eliminate any unreasonable hazards.
However, the first legal challenge may arise when the property owner, their insurance company, or defense lawyer disputes your personal injury claim and argues that:
- You sustained your injury elsewhere;
- Your own negligence contributed to the public restroom accident;
- The employees could not have been reasonably expected to clean, remedy, or fix the hazard to prevent the accident;
- The property owner exercised ordinary care in keeping the premises reasonably safe; and
- The hazard that caused your slip and fall accident was “open and obvious.”
It is true that your personal injury claim can be denied on the basis of any of the above-mentioned defenses. However, a skilled Miami personal injury attorney on your side can help you prove that the property owner or their employees were negligent in order to maximize your compensation. Call at 305-670-2889 to discuss your particular case.