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The Three Common Defenses in a Florida Slip and Fall Case

Posted by Guy DiMartino | Apr 19, 2013 | 0 Comments

Florida personal injury lawyer, Guy S. DiMartino, discusses the three common defenses in a Florida slip and fall case.

Every year many folks are seriously injured in Florida slip, trip and fall cases.  Over the years, I have had clients who broke their shoulder, hip, ankle, wrist, forearm, knee cap in these types of falls.

To be successful in a Florida slip, trip and fall claim, the injured person must show that there was a dangerous condition on the property and because of the dangerous condition he/she was injured.  In these cases, we see three common defenses: (1) the property owner didn't have notice or knowledge of the problem; (2) the condition was open and obvious; or (3) the fall didn't cause the injury.

No Notice or Knowledge of the Dangerous Condition

In a certain type of slip and fall case, called the foreign transitory object case.  These cases include slip and falls on water, objects, food products, and/or grease.  In these cases, the injured person has to show that the property owner had knowledge of the substance on the floor or the substance was on the floor for a long enough period of time that the defendant should have discovered the danger. In foreign transitory object cases, if the injured person is unable to show notice, he/she will not be successful.

The condition was open and obvious

Under the law, all people are responsible for their own safety.  The defense of open and obvious means just what it says.  The problem was visible and the person was injured because they weren't paying attention.

The fall didn't cause the injury

This defense goes to the legal element of causation.  For this defense, the property owner's insurance company will hire a doctor to testify that the fall didn't cause the problem; instead, the problem was due to some pre-existing condition or problem.

Every slip, trip and fall case will not have all these defenses but depending on the facts of the case, you lawyer will be able to anticipate the defenses.

Florida slip and fall cases can be complex at times, if you have any questions, you can call me directly on my cell phone at (352) 267-9168.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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