A Jacksonville slip and fall attorney can explain that businesses have the desire for customers to be in their stores so that they can make a profit, so the last thing that they want is for a customer to fall and hurt himself or herself, costing the business money by having the customer embroil them in expensive litigation. However, your Jacksonville slip and fall attorney can also explain that the law will not hold every business responsible for every accident. Instead, the plaintiff and his or her attorney must show that the business or its employees failed to meet the legal duty of care that the business owed the injured customer.
Highest Degree of Care
A Jacksonville slip and fall lawyer can explain that businesses owe customers the highest degree of care to them because they are there for the business’ financial gain. Therefore, a business owes customers more care than any other party that enters its doors. Typically, businesses must protect against problems that it can reasonably foresee, including taking necessary precautions to avoid injuries to their customers. Additionally, they must inform customers of dangers with appropriate warning signs. Businesses must also periodically inspect the premises to cure any potential dangers. They must also maintain the premises.
In order for a plaintiff to recover damages for the injuries that he or she suffered, he or she must show that the business failed to meet its duty in some way. Even if he or she can meet this burden, he or she may not be entitled to the full amount of damages. His or her amount of recovery can be reduced by the amount of the injury that was his or her own fault. The court will reduce the amount of damages by the percentage for which the victim contributed to the accident. For example, if a customer was texting while walking in a store and didn’t notice a spill, the court may find that your own actions were not reasonable and ultimately contributed to the injuries that you suffered.
If you would like to discuss your slip and fall injury with a personal injury lawyer, contact John Fagan at (904) 278-1000.
John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981.
John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder.
In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home.
John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation.
John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates.
Service to the Community
John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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