The National Safety Council estimates that every year in the United States, around 9 million individuals receive treatment for injuries sustained in slip and fall accidents. And while some slip and fall accidents happen because of simple clumsiness, many others happen as a result of dangerous hazards such as slippery floors and trip hazards on someone else’s property.
If you have been injured in a slip and fall accident because a property owner was negligent, you deserve to be fairly compensated for your losses. However, it is unlikely that you will be able to make a successful claim without the help of an experienced personal injury lawyer. Only a person with the right legal knowledge will be able to establish that another person’s negligence caused your injuries.
For more information about how we can help you, call The Law Place today at (941) 444-4444 for a free consultation. One of our slip and fall accident lawyers is available to speak with 24 hours a day, 7 days a week.
Common Types of Slip and Fall Accidents
Premises liability claims can involve a wide number of accidents, including things like exposure to toxic chemicals, but the most common type of premises liability claims involve slip and fall accidents.
Unfortunately, more often than not, slip and falls occur because of dangerous conditions like:
- Liquid spills that have not been cleaned up or have no hazard sign in place.
- Inadequate lighting making trip hazards difficult to spot.
- Exposed wires on the floor.
- Slippery surfaces.
- Holes or cracks in the floor.
- Objects or debris in walkways.
- Uneven flooring.
- Pulls or tears in the carpet.
If you are unsure if the circumstances of your slip and fall accident mean that you are eligible to file a premises liability lawsuit, call us for a free case review, and we can tell you if you are entitled to compensation.
Common Injuries in a Slip and Fall Case
Following a slip and fall accident, many victims suffer fairly minor injuries that do not usually require medical care, such as scraped knees and bruises. However, some victims of slip and fall accidents suffer very serious injuries that can have a long-term impact on their life. Some examples of common injuries sustained in slip and fall accidents are:
- Broken bones.
- Head injuries.
- Sprained wrists or ankles.
- Spine and nerve damage.
- Knee damage.
- Cuts and bruises.
These injuries usually result in expensive medical bills as well as long-term pain and suffering. If you have been seriously injured in a slip and fall accident, you deserve to be compensated for your losses.
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When Is a Property Owner Considered Negligent?
Anyone who owns or is responsible for maintaining a property has a legal duty of care to keep that property safe and free from hazards in order to prevent visitors from being injured in a slip and fall accident. If they fail to do so, they can be sued for negligence as per Florida Statute 768.81, and a premises liability lawsuit can be filed against them.
Not only do property owners have a responsibility to repair any hazardous conditions, but they also have a duty to warn their customers or visitors of any potential hazards. For example, if a restaurant employee cleans up a spill with water, a hazard sign should be put in place to warn customers of the wet and slippery floor until it has dried. If they fail to do so and someone slips and suffers an injury, the restaurant can be held liable for their injury-related damages.
Examples of people and organizations that are bound by this legal duty include store owners, other types of business owners, government entities, schools, other childcare settings such as daycare’s, and residential property owners.
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Proving Negligence in a Slip and Fall Case
Thousands of individuals in the U.S. are injured in slip and fall accidents every year. Unfortunately, even when these incidents result in serious injuries, it can be difficult to prove who is liable for a slip and fall accident. This is why it is so important to seek legal support and speak to a lawyer that can help you understand how these cases work.
A lawyer will use evidence to establish that a property owner acted negligently, and this negligence led to your slip and fall. They will aim to prove that they did not act as a reasonable, sensible person would have under similar circumstances. They will look at things like:
- How much time they had to become aware of the hazard and resolve it.
- If something out of their control caused the hazard, such as heavy snow or ice on a parking lot.
- What procedures they have in place to identify and fix hazards.
- Whether or not the property owner could have reasonably prevented the accident, for example, by putting up a sign or installing better lighting.
From the initial call to updates on your case status, we are here to get you answers.
Your Rights in a Slip and Fall Case
Just because you have been injured due to another person’s negligence does not automatically mean that you have the right to compensation. This is because a property owner has a different duty of care for different people, depending on whether you are an invitee, a licensee, or a trespasser.
Invitee
A person that has been invited onto a property might be :
- A Public Invitee – This is a person who is invited onto public land or private property designed for public use. This could be a public space such as a park or even a hospital as it has been designed for public use.
- A Business Invitee – This is a person who has been invited to enter a property or remain there for an act of business. This could be a department store, a theme park, or a restaurant.
Public and business invitees have the greatest degree of protection under Florida law. This is because a property owner who has invited someone onto their property owes them a duty of care.
Licensee
A licensee is a person who has not been directly invited to a property and has no business with the property owner. There are two types of licensees:
- An Invited Licensee – For example a plus-one at a party. In this case, the property owner has the same duty of care as if the person was invited.
- An Uninvited Licensee – For example a group of teenagers socializing on a piece of private property in the wood. The duty of care is different here. The property owner only has a responsibility to not willfully or wantonly injure uninvited people, for example, by setting dangerous traps.
Trespasser
A trespasser is someone who enters premises with no invitation or license and intrudes for their own benefit only. For example, they could be a loiterer or a robber. These individuals don’t have many rights. Again, the property owner only has a responsibility to not willfully or wantonly injure them.
If you are unsure about your rights following a slip and fall, and if you can sue for negligence, call us now for a free case review. Even trespassers have certain rights in some circumstances, so it is always worth seeking legal advice.
How Can I Prove Negligence in a Slip and Fall Case? FAQ
What is required to file a successful slip and fall claim?
To file a successful slip and fall claim, you must demonstrate that the fall occurred due to the property owner’s negligence. This involves showing that the property owner knew or should have known about the hazardous condition and failed to address it, leading to your accident.
How can I prove the property owner’s negligence in a slip and fall case?
Proving the property owner’s negligence requires evidence that they were aware of the dangerous condition and did not take appropriate actions to remedy it. This can include maintenance records, witness statements, or surveillance footage showing the hazard existed for a sufficient time before the fall occurred.
What role does a slip and fall lawyer play in my case?
A slip and fall lawyer can help gather evidence, prove liability, and negotiate with insurance companies. They understand the complexities of slip and fall lawsuits and can help build a strong case to support your claim.
How can I document the scene and prove fault?
Documenting the accident is crucial. Take photos of the scene where the accident occurred, including any conditions that contributed to the fall. Collect names and contact information of witnesses, and report the incident to the property owner or manager. This documentation can be vital in proving fault in your personal injury case.
What types of injuries are commonly suffered in slip and fall accidents?
Slip and fall accidents can result in various injuries, from minor bruises to more severe conditions like broken bones or traumatic brain injuries. Documenting your injuries with medical records is essential to establishing the extent and cause of your injuries in your personal injury claim.
How do personal injury attorneys help in slip and fall cases?
Personal injury attorneys can provide legal advice, represent you in negotiations with the property owner or their insurance company, and, if necessary, represent you in court. They can help prove liability and ensure you receive fair compensation for the injuries you suffered.
What steps should I take immediately after a slip and fall accident?
After a slip and fall accident, seek medical attention for your injuries, report the accident to the property owner, document the scene and your injuries, and contact a personal injury law firm. Taking these steps can strengthen your personal injury claim and help your fall accident lawyer build a stronger case.
Can I still pursue a slip and fall lawsuit if I was partially at fault?
Yes, you can still pursue a slip and fall lawsuit even if you were partially at fault. However, your compensation may be reduced by your percentage of fault. A personal injury attorney can explain how comparative negligence laws apply to your case and help maximize your recovery.
How long do I have to file a personal injury claim after a slip and fall accident?
The time limit for filing a personal injury claim, known as the statute of limitations, is two years in the state of Florida. It is crucial to contact a personal injury law firm as soon as possible after your accident to ensure your claim is filed within the required timeframe.
What compensation can I receive from a slip and fall lawsuit?
Compensation in a slip and fall lawsuit can cover medical expenses, lost wages, pain and suffering, and other damages related to your injuries. A personal injury attorney can help assess the full extent of your damages and fight for the compensation you deserve.
Call The Law Place Today
If you have questions about how you can prove negligence in a slip and fall case, call The Law Place today at (941) 444-4444 for a free consultation. Our team of experienced personal injury lawyers has helped countless injury victims secure the compensation that they deserve and are ready to do the same for you.
