Every year millions of people fall in the United States. Nearly 25 percent of people over the age of 65 have at least one fall each year, according to the Centers for Disease Control and Prevention (CDC).
In Florida, falling is the leading cause of injury death for elderly residents and one of the leading causes for adults over age 25. Sometimes, a fall can be an accident but oftentimes it could have been prevented if someone was taking reasonable safety measures.
A slip-and-fall accident can happen in your own home, on another person’s property, at a business, or in public. The injury can be life-changing, causing you to lose quality of life or result in wrongful death.
Property owners in Florida have a legal requirement to provide a safe environment that protects visitors from harm. They must fix any vulnerabilities on their property and warn guests of any risks on the premises. For example, a restaurant owner that has balcony seating must ensure that the railings on the ledge are secured so if a customer were to lean on it, they would not fall.
Being injured from a slip and fall because of another person’s negligence may entitle you to compensation. If you or a loved one had a fall in Florida and suffered an injury, you should consider filing a personal injury claim against the party at fault.
The legal team at Florin|Roebig specializes in filing personal injury claims on behalf of slip-and-fall victims and can help you get a fair settlement.
Common Causes of Slip and Fall Accidents in Florida and Florin|Roebig’s Approach to Securing the Best Outcome
- Wet or Slippery Floors
- Cause: Spills, mopping, and wet weather create slippery surfaces in places like grocery stores, restaurants, and malls.
- Florin|Roebig’s Approach: Florin|Roebig would investigate cleaning and maintenance procedures, gather surveillance footage, and obtain witness testimonies. For example, in a past case where a client slipped in a supermarket, they successfully demonstrated the store’s negligence in failing to promptly address wet conditions or provide adequate warnings, leading to a substantial settlement for medical expenses and pain and suffering.
- Uneven Surfaces
- Cause: Cracked sidewalks, potholes, or uneven flooring can cause trips and falls, especially in poorly lit areas.
- Florin|Roebig’s Approach: They would document hazardous conditions through photographs and expert testimonies. In a similar case involving a cracked sidewalk, Florin|Roebig argued that the property owner had sufficient time to repair the defect but failed to do so, resulting in a favorable settlement by establishing a clear timeline of neglect.
- Poor Lighting
- Cause: Insufficient lighting in parking lots, stairwells, and hallways can obscure hazards, leading to falls.
- Florin|Roebig’s Approach: The firm would investigate lighting conditions, working with lighting experts to show how poor visibility contributed to the fall. In a case where a client fell in a dimly lit parking lot, they used expert reports and incident logs to demonstrate the property owner’s negligence, resulting in a substantial jury verdict.
- Cluttered Walkways
- Cause: Objects like boxes, cables, or debris left in walkways can cause trips and falls, particularly in busy environments.
- Florin|Roebig’s Approach: They would gather evidence of the clutter and maintenance practices. In a previous case involving a retail store, they demonstrated that the store had a history of failing to keep aisles clear, using store policies and employee testimonies to secure compensation for the victim’s injuries.
- Loose or Worn Carpeting
- Cause: Rugs and carpets that are not properly secured or have become worn out create tripping hazards.
- Florin|Roebig’s Approach: Florin|Roebig would collect carpet samples and review maintenance records. In a past case, they proved that a business owner neglected to replace frayed carpets, which caused the client’s fall. By highlighting the lack of regular maintenance, they secured a favorable settlement.
- Lack of Handrails
- Cause: Staircases, ramps, and other elevated surfaces without proper handrails can lead to falls, especially for the elderly or those with mobility issues.
- Florin|Roebig’s Approach: They would document the absence of handrails and gather building codes and safety regulations to show the necessity of such features. By proving that the property owner failed to meet safety standards, Florin|Roebig would build a compelling case for compensation, ensuring the victim’s medical expenses, lost wages, and pain and suffering are fully covered.
Other causes can result in a slip-and-fall accident, depending on where the accident takes place.
What To Do Immediately After A Slip-And-Fall Accident In Florida
If you are injured from an unexpected fall, seek proper medical attention. If you are able and have a phone available, take photos of the scene including the slipping or tripping hazard that caused you to fall and note any other important information, such as the time it happened and if any witnesses saw what happened.
By noting what you can remember about the incident, you will be able to share pertinent details with a personal injury lawyer who will make a stronger case when filing a personal injury claim.
Filing A Slip And Fall Injury Claim In Florida
Since slips and falls can happen just about anywhere, each case has different factors. For each state, there are specific laws pertaining to personal injury claims.
In Florida, the legal concept of comparative negligence is applied in determining who is at fault for an injury. This means that courts will look at the facts of the case and determine a percentage of fault for each party, ranging from 100 percent to no fault.
To prove the other party is negligent, you must show:
- a dangerous condition existed on the property
- the property owner was aware or should have known about the dangerous condition
- no reasonable repairs or accommodations were made by the owner to fix the condition
- signs to warn guests or customers of a dangerous condition were not conspicuously posted
- your injury was caused by the owner’s failure to provide a safe environment
The property owner or responsible party may come back with arguments that try to shift blame towards you to relieve them of having to pay a settlement. It is important to note common arguments that may give you partial responsibility for your injury.
Property owners can argue that:
- you were illegally trespassing on their property or not allowed in the area you were injured
- you were distracted, such as talking on your phone when you fell
- they took reasonable actions to prevent an accident from happening, such as barriers or a sign
This is how comparative negligence comes into play. If a court holds you 20 percent responsible for the injury and the property owner 80 percent, you will be entitled to 80 percent of damages. If a court finds that the property owner is fully responsible, then you will be entitled to all applicable damages.
Personal injury cases are often settled out of court, but it is still important to be prepared for a legal battle, and working with the right personal injury attorney in Florida will position you to win.
A statute of limitations applies to personal injury claims such as a slip and fall. This means that in the State of Florida you only have four years to file a personal injury claim after the accident or when you first notice the injury.
Types Of Compensation Awarded In A Slip-And-Fall Claim
Your personal injury lawyer in Florida will file a strong legal claim against the party at fault and/or their insurance company, so you can receive a fair settlement to cover your damages. An experienced slip-and-fall injury claim lawyer, such as those at Florin|Roebig, wants you to recover a settlement large enough to cover all of your costs.
Damages from a slip-and-fall accident that lead to compensation from your personal injury claim include:
- current and future medical expenses
- lost wages
- pain and suffering
- loss of earning capacity
- wrongful death
In special cases, punitive damages may be awarded, depending on the nature of the accident and the degree of negligence of the property owner or business. These damages are awarded to the injured party to punish the wrongdoer for their negligence.
Ways A Florida Personal Injury Lawyer Can Help With Your Claim
A Florida slip-and-fall injury claim lawyer can be the difference between you getting a fair settlement and getting little to no settlement at all. Recovering from your injury is your main priority, and receiving compensation to pay injury-related bills and relieve pain and suffering is the next step to making your life whole again.
Benefits of hiring a personal injury lawyer include:
- all applicable paperwork being filed and submitted to the appropriate party, insurance company, or court
- an accurate and strong personal injury claim aimed to get you the settlement you deserve
- negotiation with the other side’s attorneys and insurance companies to defend your claim and take the case to court if necessary
- increasing your chances of getting a higher settlement
By hiring a personal injury attorney, you are showing the negligent party and insurance companies that you are serious about getting the compensation you are legally entitled to.
Our Featured Case Results
List Of Florida Slip-And-Fall Injury Claim Lawyers Near You
Seeking legal counsel to help guide you through the personal injury claim process is the first step towards financially recovering from your losses.
When searching for law firms near you, it is important to consider legal experts like Florin|Roebig who represent clients with slip-and-fall injuries throughout the state of Florida.
Our skilled team of Florida slip-and-fall accident attorneys includes:
- Wil H. Florin
- Tommy D. Roebig
- Chase P. Florin
- Neil P. O’Brien
- Shaun M. Cummings
- Luca G Esposito
- Chad K. Florin
- Nicholas S. Constantino
- Parker Y. Florin
- Taylor D. Roebig
- Michael A. Ossi
- Lawrence J. Najem
- Andrew M. Leone
- Nollys R. Solarte
Our attorneys show compassion with every client and want to help them get their lives back on track. Regardless of the extent of the injury or where you are located in the state, we will make sure you are represented with excellence.
Areas in Florida served by Florin|Roebig personal injury lawyers include, but are not limited to:
- Tampa Bay
- Clearwater
- St. Petersburg
- Miami-Dade
- Fort Lauderdale
- Jacksonville
- Orlando
- Panama City
- Naples
We Are Nationally Awarded Lawyers
Get Help Filing A Slip And Fall Injury Claim In Florida
If you were a victim of a slip-and-fall accident, Florin|Roebig lawyers can provide legal counsel and help you file a personal injury claim to recover losses. We have the resources necessary to help you win your claim and get the maximum amount of compensation possible for your injuries.
Don’t settle for far less than you deserve. Compensation is the best way to get your life back on track after being injured. Call today for a free consultation to learn how to file a slip and fall injury claim in Florida.
