Proving Fault and Injury in Florida

If you believe you have been injured because of the negligence of a person, business, government agency, or other entity, you have the right under Florida law to sue for compensation. However, there are certain requirements in a personal injury case that must be fulfilled in order for your case to proceed including proving fault and injury.

Personal injury cases

Most people think first about car accidents or slip-and-fall cases as personal injury cases, but there can be many other situations in which a person is injured due to someone else’s negligence. These may include:

Motor vehicle accidents on land, sea, or air: airplanes, automobiles, trucks, motorcycles, mopeds
Pedestrian activities: walking, jogging, hiking, operating a bicycle, riding a Segway, riding a hoverboard
Recreational equipment: waterskis, jet skis, off-road vehicles, sports equipment, beach items
Ultimate sports and outdoor activities: cliff diving, bungee jumping, rock climbing, hang gliding, horseback riding, touring the Everglades
Major events or public locations: music festivals, amusement parks, swimming pools, major attractions
Product liability: household appliances, tools, toys, medications, vehicles, recreation items
Medical malpractice: omissions in diagnosis, treatment or aftercare, or gross negligence
Rental home, Air BnB, hotel: faulty wiring, pest infestation, dangerous conditions, poor lighting, insufficient security
Slip and fall: wet floor, broken pavement, construction area, hazardous debris
Animal attacks: wild or domestic, if caused by unsafe conditions
Workplace injuries: unsafe conditions, defective equipment, insufficient safety policies and protocols
Criminal attacks due to negligence and unsafe conditions
Wrongful death due to negligence and unsafe conditions

Proving injury due to fault

Florida law requires that the plaintiff in a personal injury case prove:

The person or business who caused your injury owed you a duty of care
The person or business was negligent in that duty
You suffered injury or damage that was caused by the breach of duty
The injury or damage can be demonstrated legally

All four conditions must be present in order to have a personal injury case. For example, let’s say someone was injured using a rented all-terrain vehicle whose tire burst while riding it, causing the rider to fall and receive multiple long-term injuries. Even though the user had signed a waiver, such a waiver does not have the force of law if equipment was not properly maintained or improper instruction was provided. The four aspects of this lawsuit would be as follows:

The rental company owed the renter a duty of care – a responsibility to keep all equipment in excellent, safe condition
The rental company was negligent in its duty (allowing this vehicle’s tire to wear out)
The renter suffered serious injuries due to the fall caused by the tire bursting while in use
The renter can prove those injuries with medical records and other evidence

The more evidence you have the better. Evidence for this hypothetical case might include medical records, photos of the injured party before and after the incident, and photos of the vehicle showing the damage from the blown tire.

Proving fault

In order to prove that the defendant was at fault, we need to collect evidence, such as police reports, photos, and witness statements, as well as interviews and internal documents during “discovery” (interviewing both sides and collecting evidence that the other party may have). In our example, we would interview employees of the rental company under oath and collect repair and maintenance logs. In this case, we could also look into a product liability case against the manufacturer if the tire itself was faulty.

As an experienced Florida personal injury lawyer, every case I take on becomes personal to me, as if one of my own friends or loved ones had been injured, and I work vigorously to uncover every possible expense or complication for my clients to help them get the maximum settlement for their injuries. I’m not afraid to go to court if necessary, and I have a track record of winning significant awards. I’ll work with you to collect powerful evidence to make the strongest case to get you the best compensation package for your injuries.

I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained through someone else’s negligence. Contact me today, 24/7, at (954) 448-7288, to schedule a free consultation to discuss your case.