Florida has serious dangers for pedestrians due to its mix of tourists, elderly drivers, and year-round walking activity. The state gets over 100 million tourists annually, who are driving unfamiliar roads. In 2020, Florida was reported to have the second-highest population of people over the age of 65 among all states.

If a driver hit you while walking in Florida, contact Kogan & DiSalvo Personal Injury Law today. We are the Gold Standard in personal injury law and are committed to helping pedestrians navigate the legal process with ease.

Florida Gives You Stronger Crosswalk Rights

Under Florida Statute 316.130, you have legal rights in more situations than you might expect. Understanding your rights becomes crucial when insurance companies try to blame you for accidents.

Florida protects pedestrians when:

• Crossing any intersection, painted or not
• Using marked crosswalks when signals permit
• Using crosswalks when vehicles approach
• Following directions from police or crossing guards
• Crossing at stop signs and traffic lights

Driver Responsibilities on Florida Roads

Florida law sets out rules for pedestrians as well as drivers. When pedestrians and drivers follow the law, devastating accidents can be avoided.

The driver’s responsibilities outlined under Florida Statute 316.130 are as follows:

• Drivers must stop – and stay stopped – at crosswalks with traffic signals for pedestrians with permitted walk signals
• Drivers must yield right-of-way at unmarked crosswalks when no traffic signals operate
• Drivers cannot pass vehicles stopped for pedestrians at crosswalks
• Drivers must exercise due care to avoid colliding with any pedestrian or person using human-powered vehicles
• Drivers should show extra caution around children, confused, or incapacitated individuals

Common Florida Pedestrian Accident Scenarios

Florida’s roads can be busy and dangerous. It’s important for both drivers and pedestrians to know the different types of accidents that can happen and how to avoid them.

Pedestrian accidents can happen when:

• Cars turn right at red lights without checking crosswalks for pedestrians
• Vehicles make left turns across traffic while pedestrians cross with signals
• Drivers run red lights or roll through stop signs at intersections
• Cars back out of parking spaces without seeing pedestrians walking behind them
• Vehicles turn into driveways or parking lots while pedestrians use sidewalks
• Drivers fail to stop for pedestrians at marked crosswalks without traffic signals
• Cars speed through school zones during pick-up and drop-off times

How Florida Weather Affects Safety

Florida’s weather patterns create visibility problems that lead to more pedestrian accidents. These conditions affect both drivers and pedestrians throughout the year. Sun glare during peak exercise hours presents particular dangers.

Florida weather conditions that increase risks include:

• Sudden thunderstorms that reduce visibility to zero
• Morning fog during peak walking and commuting hours
• Intense sun glare at sunrise and sunset
• Hurricane weather creating chaotic traffic
• Seasonal population changes affecting traffic patterns

How Florida’s Fault Rules Affect Your Case

Florida uses comparative fault laws that can reduce your settlement amount. If you share some blame for an accident, your compensation gets reduced by that percentage. If you are 50 percent or more responsible, you may get no compensation at all. 

Insurance companies look for ways to blame pedestrians in order to pay less. However, a skilled lawyer can gather evidence proving that the driver who hit you was negligent, proving your side of the story.

Evidence that can show driver negligence includes:

• Police tickets issued to the driver for breaking traffic laws
• Statements from people who saw what happened
• Phone records showing the driver was texting or talking
• Video footage from traffic cameras or nearby stores
• Photos of tire marks and car damage at the scene

Filing Deadlines for Florida Pedestrian Cases

In Florida, you used to have 4 years after an accident to bring a lawsuit. However, that changed in 2023. The deadline is now 2 years for crashes that happened on or after March 24, 2023, which puts Florida in line with most other states. 

Claims against government agencies have much shorter deadlines that can be as brief as 6 months. 

Act now to file your claim before it’s too late. Missing these deadlines means you lose your right to compensation forever.

Compensation for Drivers and Pedestrians

Florida requires all drivers to carry PIP insurance that pays initial costs regardless of fault. This no-fault system affects how pedestrian accident cases work. Once costs exceed certain limits, you may be able to sue the at-fault party.

You should know that Florida PIP insurance:

• Pays up to $10,000 for medical treatment and lost wages
• Provides benefits regardless of who caused the accident
• Requires treatment within 14 days to receive coverage
• Pays 80 percent of medical bills and 60 percent of lost wages
• Is mandatory for all Florida drivers with registered vehicles

Florida Statute 627.737 allows pedestrian accident victims to recover damages beyond PIP coverage. The law allows victims to be compensated for pain and suffering as well as mental anguish. If you have suffered a permanent injury, a skilled car accident attorney can help you build a compensation case for medical bills, lost wages, and other losses.

Actions to Take After Your Accident

What you do right after a pedestrian accident affects whether you get fair compensation for your injuries. Many victims make mistakes that insurance companies can use against them later. Getting medical care right away protects your health and your legal case.

Here are the things you should do after a pedestrian accident:

1. Call 911 for medical help and police reports
2. See a doctor even if you think you’re not badly hurt
3. Take pictures of your injuries, the cars, and where it happened
4. Get phone numbers from the driver and anyone who saw it happen
5. Avoid admitting fault or saying sorry
6. Do not talk to insurance companies without a lawyer present

Start Your Case With Kogan & DiSalvo Personal Injury Law

Pedestrian accidents in Florida can destroy lives in seconds, leaving victims with crushing medical bills and permanent disabilities. Insurance companies know you’re vulnerable and will try to settle quickly for far less than you deserve. That’s why you need experienced Florida pedestrian accident lawyers on your side who know how to combat these tactics and get you your fair share of money.

In a free consultation session with our Florida personal injury lawyer, we can inform you about what steps you should take to preserve your legal rights. At Kogan & DiSalvo, we fight for your rights and guide you through every step after an accident so you’re never left figuring it out alone. Call us today to start building your case.

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Some people walk away with minor bumps or bruises. Unfortunately, many others sustain serious, long-lasting injuries that require medical treatment, time away from work, and ongoing rehabilitation. 

Have you been injured in a Florida car accident? If so, it is important to know how the type and severity of your injuries can directly impact your personal injury claim or settlement. 

Florida Car Accidents Can Cause Serious Injuries

In 2023, there were over 395,000 car accidents reported in Florida. Many of these collisions left people suffering devastating injuries. 

Let’s take a look at some of the most common car accident injuries in Florida.

Whiplash

One of the most common injuries after a rear-end collision is whiplash. This injury occurs when the neck is forced back and forth rapidly. Soft-tissue injuries may not always appear on X-rays but can cause significant pain, stiffness, and headaches. 

How could your settlement be affected? Insurance companies sometimes downplay whiplash as “minor.” It’s important to have thorough medical documentation to prove the seriousness of your injuries. 

Broken bones

Broken legs, arms, and wrists are common in car accidents. These injuries often require surgery, physical therapy, and weeks or months away from work. 

Broken bones are usually proven through medical imaging. The cost of medical treatment, lost wages, and rehabilitation can greatly increase your settlement value. 

Internal injuries

Seatbelts and airbags save lives, but they can also cause internal bleeding, organ damage, or other injuries. These injuries might not be immediately obvious but can be life-threatening if left untreated. 

The seriousness of these injuries often leads to higher medical costs and significantly increases settlement value.

Back and spinal cord injuries

The human body and spine are not designed to sustain heavy impact, and back injuries are very common in Florida car accidents. A herniated disc, nerve damage, or spinal injury can cause chronic pain, reduced mobility, or even paralysis. 

Head injuries

Even without a direct blow, the force of a collision can cause concussions or other traumatic brain injuries (TBIs). Symptoms like dizziness, confusion, or memory issues may not appear immediately, sometimes surfacing hours or days later. 

Brain injuries often result in higher settlements because of the potential for permanent impairment and lifelong care. 

The Importance of Getting Immediate Medical Treatment After a Florida Car Accident

After an accident, adrenaline and shock can mask pain. This could make you think you’re “fine” when, in reality, injuries are developing. Conditions like concussions, internal bleeding, and whiplash often show delayed symptoms that may not appear for hours or even days later. 

Seeking immediate medical treatment helps you in two ways. First, getting an early diagnosis ensures you get the care you need before your condition worsens. 

Second, it protects your personal injury claim. Insurance companies often try to argue that your injuries weren’t serious or caused by the crash. Immediate medical documentation creates a clear link between the accident and your injuries, strengthening your car accident case. 

Why More Serious Injuries Often Mean Higher Settlements

The severity of your injuries is one of the biggest factors that determine the value of your settlement. 

More serious injuries typically mean:

• Higher medical costs: Emergency care, hospital stays, medications, and rehabilitation costs 
• Lost wages: If your injuries prevent you from working, or if you can’t return to the same job
• Long-term care needs: Permanent disabilities, ongoing therapy, or the need for assistive devices 

Because of these costs, cases involving severe injuries usually lead to higher settlements than cases involving minor or short-term injuries. 

How Florida PIP Coverage Works 

Florida is a no-fault insurance state, which means drivers must carry Personal Injury Protection (PIP) coverage. PIP pays for:

• Up to 80 percent of all reasonable and necessary medical expenses (up to your policy limit)
• Up to 60 percent of lost wages
• Certain out-of-pocket expenses

The problem with PIP coverage is that it is limited and often not enough to cover serious injuries. In cases of “serious injury” under Florida law, you can step outside of the no-fault system and sue the at-fault driver for additional damages such as pain and suffering. 

Get Help From a Florida Car Accident Lawyer Today

The aftermath of a car accident can be overwhelming. When insurance companies are looking for reasons to deny or delay your claim, it can feel like the legal system is working against you. 

This is where having an experienced Florida personal injury lawyer by your side can make all the difference. A skilled attorney from our law firm can gather the medical records and evidence needed to prove the full extent of your injuries and ensure that you receive full compensation for all of your damages. 

At Kogan & DiSalvo, we are committed to standing up for car accident victims across Florida. We know how devastating a serious injury can be for your health, finances, and peace of mind. Contact us today to schedule your free consultation. 

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New Office Located at Former Miami Dolphins Icon Office

In a bold move symbolizing both growth and legacy, personal injury law firm Kogan & DiSalvo has relocated its Broward County office to a new, larger space at 2 South University Drive, Suite 325, Plantation, FL 33324—a location once famously occupied by Miami Dolphins legend Dan Marino.

This relocation reflects the firm’s rapid expansion and its continued commitment to delivering exceptional legal services to clients injured in accidents across South Florida.

“This move is about more than just square footage—it’s about continuing to raise the bar for the people who count on us the most,” said founding partner Darryl Kogan. “We’ve outgrown our old space because of the trust our clients place in us. Now, we have the room and the resources to serve them even better.”

A Strategic Move to Support Continued Growth

Kogan & DiSalvo has experienced significant growth over the past several years, expanding its team of attorneys and support staff to meet increasing demand. Furthermore, the new Ft. Lauderdale area location offers upgraded amenities, increased meeting space, and enhanced capabilities to support a growing volume of complex personal injury cases.

“Knowing this space was once home to Dan Marino brings a unique energy,” added partner Ted DiSalvo. “It feels fitting to continue our mission of fighting for injured victims in a space once used by a local icon known for strength, strategy, and leadership.”

Moreover, the firm’s expansion underscores its position as a trusted advocate for accident victims throughout Florida. From car crashes and slip-and-fall injuries to wrongful death, Kogan & DiSalvo is known for its aggressive representation, compassionate service, and proven results.

“We’re here to win for our clients,” said Partner Todd Baker. “This new location gives us the space to collaborate more effectively and deliver even stronger legal outcomes for the people who need us most.”
Kogan & DiSalvo invites current and prospective clients to visit the new office or contact the firm for a free consultation.

Kogan & DiSalvo Law Firm Moves Into Former Dan Marino Office as Part of Major Expansion

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Kogan & DiSalvo, one of Florida’s premier personal injury law firms known for its results and dedication to clients, proudly announces the addition of veteran trial attorney Michael J. Ryan to its growing legal team. Ryan, a well-known trial attorney, also serves as mayor of Sunrise, Florida.

About Michael J. Ryan

Michael J. Ryan brings more than 25 years of courtroom experience, representing clients and seeking justice in complex personal injury, medical malpractice, and product liability litigation. He has helped secure over $250 million in verdicts and settlements for plaintiffs nationwide. But what truly sets Ryan apart is his dual role as a respected legal professional and a trusted public servant.

Since 2010, Ryan has served as the Mayor of Sunrise, one of Broward County’s largest and most vibrant cities. As mayor, Ryan has focused upon, among other community priorities, public safety, education, and sustainability—priorities that align directly with Kogan & DiSalvo’s core values of advocacy, integrity, and community commitment.

“Michael Ryan is not only a brilliant trial attorney, but also a proven leader who understands what it means to serve,” said Managing Partner Darryl Kogan. “As a mayor, he has spent over a decade building relationships, improving lives, and championing public safety. His presence at our firm reflects who we are: the best attorneys with the deepest community roots.”

Ryan’s public service has earned him numerous accolades, including the Walter G. “Skip” Campbell, Jr. Lawyer-Public Servant Award from the Broward County Bar Association, Sustainable Civic Leader of the Year, and recognition for his leadership in making Sunrise a U.S. Chess Federation “Chess City.”

“Adding Michael to our firm is about more than legal skill—it’s about community,” said Partner Ted DiSalvo. “He’s lived the values we fight for in court every day. As we grow in Broward, his leadership will help us serve our neighbors even better.”
With the addition of Michael J. Ryan, Kogan & DiSalvo continues to set the standard—not just for legal excellence, but for real, local impact.

Kogan & DiSalvo Expands to Broward County, Welcomes Acclaimed Trial Attorney Michael J. Ryan

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With this expansion, Kogan & DiSalvo now operates 11 offices across Florida, with offices located in Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Brevard, and Pinellas’ counties. These expansions are in line with the firm’s efforts of deepening its commitment to delivering top-tier legal representation to individuals and families affected by serious injury or wrongful death. With the addition of the Plantation office, the firm stands with the expectation of delivering excellence and the fight to win for their clients of Broward County.

About Kogan & DiSalvo
Kogan & DiSalvo is a top-tier personal injury law firm with 11 offices across Florida, known for delivering compassionate, aggressive, and results-focused representation. The firm handles a wide range of injury cases, including auto accidents, wrongful death, medical malpractice, and catastrophic injuries—always fighting to protect those who need it most.

Kogan & DiSalvo Expands to Broward County, Welcomes Acclaimed Trial Attorney Michael J. Ryan

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Rachel Schrager, a Shareholder here at Kogan & DiSalvo Personal Injury Law, has been named to the 2025 “Top 40 Under 40 – Civil Plaintiff” list by The National Trial Lawyers. This distinguished recognition is reserved for the nation’s most promising and accomplished young trial attorneys, with our own Rachel R. Schrager receiving this honor.

Based in Boca Raton, Schrager represents clients throughout Florida, with a focus on complex personal injury and civil cases. Furthermore, her inclusion on this exclusive list reflects both her legal excellence and her deep commitment to fighting for justice on behalf of accident victims.

As a Shareholder at Kogan & DiSalvo, Schrager plays a leadership role here, guiding high-stakes cases and mentoring young attorneys. Moreover, her approach combines strategic litigation skills with compassion and a strong sense of duty to our clients.

About The National Trial Lawyers “Top 40 Under 40”
The National Trial Lawyers “Top 40 Under 40” is a professional organization that honors a select group of attorneys under the age of 40. In addition, these attorneys have demonstrated outstanding results, superior qualifications, and leadership in civil plaintiff or criminal defense law. Selection is based on peer nominations and third-party research.

Rachel R. Schrager named to ’40 under 40 – Civil Plaintiff’ by National Trial Lawyers

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Attorneys Recognized in Best Lawyers 2026:

• Darryl B. Kogan, Theodore L. DiSalvo, and Todd L. Baker – recognized for their outstanding work in personal injury litigation.
• George M. Bakalar – Board-Certified Civil Trial Lawyer and Best Lawyers honoree since 2024.
• Michael J. Ryan – Mayor of Sunrise, FL, and seasoned litigator, recognized since 2013.
• Tiffany M. Fanelli – honored for her work in complex medical malpractice and personal injury cases.

Attorneys Recognized in Best Lawyers: Ones to Watch 2026:

• Brigitte Jolliet and Charles A. Brown – acknowledged for their advocacy and dedication to personal injury clients early in their legal careers.

“For over 30 years, we’ve fought for justice on behalf of our clients,” said founding attorney Darryl B. Kogan. “This recognition reflects the exceptional legal talent across our firm.” If you’ve been injured and need experienced legal representation, contact Kogan & DiSalvo for a free consultation.

Kogan & DiSalvo Attorneys Recognized in 2026 Editions of Best Lawyers and Best Lawyers: Ones to Watch

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Pre-existing conditions can have a huge impact on wrongful death claims because they might indicate that the death was not entirely the fault of the negligent party. Our wrongful death lawyers at Kogan & DiSalvo can help you understand how your loved one’s pre-existing conditions might affect your claim and how you can still get the compensation owed to you.

How Does Florida Law Define Wrongful Death?

Florida law defines wrongful death as a death that happens due to another person’s “wrongful act, negligence, default, or breach of contract or warranty.” This means that any death that occurs because of another person’s fault is a wrongful death that may warrant legal action and compensation. 

Types of accidents that commonly cause wrongful death include:

• Car accidents
• Medical malpractice
• Slip-and-falls
• Defective products
• Construction site accidents

Under Florida’s wrongful death law, the burden lies with the person filing the claim to prove that the other party’s actions caused the death. If the deceased had pre-existing conditions that affected their health, the other party might refute the wrongful death claim by asserting that those conditions were the actual cause of death. 

When Is a Pre-Existing Condition Relevant in a Wrongful Death Case?

One situation in which a pre-existing condition becomes relevant is when the condition may have been the actual cause of death. For example, a person might become hospitalized after a slip-and-fall, but an unrelated illness might lead to a fatal outcome while they are undergoing treatment. In this case, the deceased’s estate might qualify for survival action, but a court may rule that it is not wrongful death.

On the other hand, a pre-existing condition can be relevant if the accident aggravated the condition. For example, a person might have a heart condition that becomes directly aggravated in a car accident. If this aggravation leads to a fatal outcome, the negligent party is still liable for the wrongful death even though a pre-existing condition was also a factor.

How Can You Prove Causation Despite a Pre-Existing Condition?

Proving causation in any accident case starts by establishing the other party’s duty of care. Drivers have a duty to other people on the road, business owners have a duty toward guests and medical staff have a duty toward patients. If a person violates this duty of care, it is an act of negligence that can cause a wrongful death.

The next step is to establish that the negligence directly resulted in harm to the deceased. Medical records, expert testimony and witness statements can all help prove exactly how the accident happened and what caused the damage. Your wrongful death attorney will also conduct a thorough investigation to find any other forms of evidence that will support your case.

Will the Deceased’s Health History Affect Wrongful Death Compensation?

Your loved one’s health history can have an impact on the compensation your family receives for a wrongful death. If the court rules that the death happened entirely because of a pre-existing condition, you may be unable to recover any compensation through a wrongful death claim. However, it may still be possible to pursue a survival action on behalf of the deceased.

Even if the accident aggravated a pre-existing condition and accelerated a fatal outcome, the presence of the pre-existing condition can still affect compensation. In this case, the court may rule that the accident contributed to the death but was not the sole cause.

What Compensation Is Available in a Wrongful Death Claim?

When you file for wrongful death, you are seeking to recover the losses you and your family suffered due to the loss of a loved one. These losses may include:

• Medical expenses prior to the death
• Loss of companionship or consortium
• Loss of household income
• Emotional pain and suffering
• Funeral and burial expenses

The death of a loved one is a catastrophic loss, so you deserve suitable compensation from the responsible party. The fact that a pre-existing condition can affect this compensation makes it very important to seek legal counsel that will help you recover as much as possible.

Call Our Florida Wrongful Death Attorneys Today

At Kogan & DiSalvo Personal Injury Law, we use every resource at our disposal to advocate for grieving families pursuing a wrongful death claim. We believe that you deserve time to mourn and focus on finding a new sense of normalcy. That is why we provide guidance every step of the way and carry the burden of negotiating a settlement on your behalf.

Contact us today for your free case evaluation. Our Florida wrongful death attorneys will help you understand your legal options.

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While a remote workplace may seem like a perfectly safe and controlled environment, there are still many valid injuries that can happen if you are a remote employee. It is important to understand how to navigate a remote workers’ compensation claim so you can access the benefits owed to you no matter what happens.

How Does Workers’ Compensation Work in Florida?

Workers’ compensation provides medical benefits, lost wage compensation and vocational rehabilitation for employees who suffer an injury in the course of their work duties. Florida employers with four or more employees must provide workers’ compensation benefits to every person classified as an employee in the company. However, employers do not have an obligation to provide workers’ compensation to independent contractors.

When you suffer a work-related injury, you must report it to your employer within 30 days. Your employer will then process the claim with the company’s insurance provider. The insurance company will cover all of the medical expenses related to the injury, as well as most of your lost wages for the time you are unable to work due to the injury.

Workers’ compensation is a no-fault system. This means that you do not have to prove that someone else caused your injury. You can get compensation even if you caused the accident. However, you must be able to prove that the injury is work-related or that it happened during the course of fulfilling your job duties.

What Qualifies as a Work-Related Injury for Remote Employees?

Any injury that happens in the course of work-related duties or during work hours is eligible for workers’ compensation. If you work during scheduled hours as a remote employee, having an accident while you are “on the clock” will likely qualify you for compensation as long as it did not occur during a break period or personal time.

Common examples of work-related injuries for remote employees include:

• The onset of carpal tunnel syndrome from excessive keyboard use
• Other repetitive strain injuries such as tendonitis
• Slip and falls that happen at home during work hours
• Back pain or neck pain from poor office ergonomics
• Mental health injuries stemming from work-related stress

Having an accident during a scheduled break period will usually not qualify you for workers’ compensation. Benefits also do not apply if you get an injury while running a personal errand, even during work hours. Keeping thorough records of your work hours and break periods can help prove that your accident happened while you were on the clock.

Is It Difficult To File a Remote Workers’ Compensation Claim?

Filing a remote workers’ compensation claim can be difficult because there might not be much proof that the injury occurred during the course of work. If you are working from home, there will not likely be any impartial witnesses or supervisors who can back up your claim.

More difficulties can arise if you are working remotely from across state lines. Workers’ compensation is a federal requirement, but the exact processes and regulations can differ from state to state. Without an experienced workers’ compensation lawyer on your side, it can be overwhelming to try and navigate the complexity of this type of claim.

What Should You Do After a Remote Workplace Injury?

If you experience any type of injury during the course of your work, it is important to take it seriously. Even if you are working remotely, treat the situation the same way you would at any other job or workplace. You may qualify for significant workers’ compensation benefits beyond what you expect.

To protect your well-being and start a strong claim, you should take the following steps after a remote workplace injury:

• Seek immediate medical attention and get a copy of your medical records
• Report the injury to your employer in writing
• Document the accident with details of date, time, location and injury descriptions
• Take photographs of the injury and the workspace where it happened
• Get in touch with a workers’ compensation lawyer

In most circumstances, hiring a lawyer should not be necessary for a workers’ compensation claim. There is no need to prove fault or lack thereof, and thorough documentation should be enough to prove that your injury was work-related. Even so, it is a good idea to consult with an attorney early on in the process to ensure you have guidance if complications arise.

Contact Our Florida Workers’ Compensation Attorneys Today

Navigating a workers’ compensation claim can be stressful, especially if you are a remote worker. At Kogan & DiSalvo Personal Injury Law, we understand that you are feeling stressed and that you do not want to make any mistakes when filing your claim.

Contact us today to get a free case evaluation from our workers’ compensation attorneys. We can provide legal counsel every step of the way to help ensure you get the full benefits you deserve. 

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However, the person you are suing might try to claim that you were partially at fault for the fall. Under Florida’s comparative negligence laws, you might receive part of the fault, which will affect how much compensation you can receive in an accident claim.

What Is Comparative Negligence?

Comparative negligence is a legal principle that allows a person filing a personal injury claim to recover compensation for their damages even if they are partially at fault. However, the recovery decreases based on the person’s degree of fault. For example, if the court determines that you share 10% of the blame for your accident, you can only recover 90% of your damages.

Florida enforces a modified version of the comparative negligence rule. In Florida, you cannot recover any damages whatsoever if you bear 50% of the fault or more. This makes it extremely important to prove that the other party bears the majority of the blame for your fall.

How Does Florida Law Divide Fault in Slip and Fall Cases?

When allocating fault in a slip and fall case, Florida courts will consider several factors:

• Was the property owner responsible for the unsafe condition?
• Did the property owner have enough time or opportunity to correct the unsafe condition?
• Did the property owner post a warning, such as a “wet floor” sign?
• Was the plaintiff distracted or negligent in paying sufficient attention to their surroundings?
• Was the plaintiff engaging in reckless behavior, such as “horseplay?”

If it seems as though both parties shared in the fault, courts might also consider the severity of the unsafe condition. If it were a severe hazard, such as a dark stairway, then the court will likely assign a majority of fault to the property owner. If it were a minor hazard, such as a very small spill, the property owner might argue that it is unreasonable for them to be held fully liable.

How Can You Prove the Other Party’s Fault?

The first step in proving the other party’s fault in a slip and fall case is to establish that they owed a duty of care toward you. For example, a grocery store or a hotel has a duty of care toward all customers or guests. They have an obligation to maintain safe premises for everyone. On the other hand, a private property owner does not necessarily owe a duty of care toward trespassers.

You must then prove that the property owner violated their duty of care toward you. This means providing evidence that there was an unsafe condition that they had ample time and opportunity to correct. Taking photographs of the unsafe condition can be very effective for supporting your claim. You can also use statements from other guests on the property who saw the unsafe condition themselves.

Can You Establish Your Lack of Fault?

Proving that you did not contribute to a slip and fall accident requires showing that you took reasonable precautions while on someone else’s property. You may need to prove that you paid adequate attention to your surroundings or that you used handrails while on the stairs. You might also require proof that the hazard was not an “open and obvious danger.”

The best way to do this is by working closely with a personal injury lawyer. Your lawyer will be fully aware of your rights and how to protect them. They can make sure that the insurance company does not take advantage of you. Your lawyer will also help you gather evidence to reduce your share of fault, such as witness statements, medical reports and expert testimony. 

Contact the Slip and Fall Lawyers at Kogan & DiSalvo

Filing a slip and fall claim can be an overwhelming process, and comparative negligence laws only make it more stressful. At Kogan & DiSalvo Personal Injury Law, we are here to advocate for you at every step while you focus on recovering from your injuries. Contact us today to learn more about how our slip and fall lawyers can help you get the compensation you deserve.

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