We’ve all had close calls – that unexpected step on a wet floor, or a misstep on an uneven sidewalk. These moments can leave you shaken, but thankfully, most slip and falls result in nothing more than a bruised ego.  However, what if your slip and fall led to serious injuries?  If the cause of your fall was due to someone else’s negligence, you may have a legal case for compensation.

This blog will explore slip and fall claims in Florida, helping you understand when you might have a slip and fall claim and how to get the legal help you need from a Plantation slip and fall attorney.

What is a Slip and Fall Claim?

A slip and fall claim is a type of personal injury lawsuit that arises from a fall caused by a dangerous condition on someone else’s property. In these cases, the property owner may be held liable for your injuries if they failed to take reasonable steps to keep the premises safe and their negligence resulted in your injuries. Here’s a breakdown of the key elements of a slip and fall claim in Florida:

• Duty of Care: Florida law imposes a general duty of care on property owners. This means they have a legal obligation to maintain their premises in a reasonably safe condition for lawful visitors. The specific standard of care can vary depending on the type of visitor (e.g., invitee, licensee, trespasser).
• Breach of Duty: The property owner breached this duty by failing to uphold their responsibility. For example, a grocery store might be in breach of duty if they leave a spill uncleaned for an extended period, creating a slip hazard.
• Causation: The property owner’s breach of duty directly caused your slip and fall accident. In other words, the dangerous condition must have been the reason for your fall.
• Damages: You suffered injuries as a result of the slip and fall accident.  These injuries can be physical, emotional, or both.

Common Locations and Causes of Slip and Fall Accidents

Slip and fall accidents can happen anywhere. Here are some common dangers to be aware of in various locations:

• Indoor Locations:  Wet floors are a constant threat in many places, caused by spills, leaks, or tracked-in water. This is especially true at retail stores, where spills from dropped products or leaky refrigerators can create slick spots on smooth surfaces like tile or polished concrete. Restaurants also present hazards from spills, uneven surfaces (like worn carpeting), and grease in kitchens.
• Outdoor Locations: Frequent rain showers can make uneven sidewalks even more treacherous, particularly in older neighborhoods where tree root growth can cause raised or cracked surfaces. Property owners are responsible for maintaining the sidewalks adjacent to their property. Amusement parks can also have wet surfaces near water rides or uneven walkways.
• Pool Decks: Sudden rain showers can leave pool decks slick, particularly if there’s inadequate drainage. Property owners should take steps to minimize the risk of slip-and-falls by using slip-resistant surfaces.

By being aware of these common hazards, you can take steps to minimize your risk of a slip and fall accident.

What to Do After a Slip and Fall Accident in Florida

If you have a slip and fall accident in Florida, here are some steps you should take to protect your legal rights:

• Seek Medical Attention: Your health is the most important thing. See a doctor right away to get a diagnosis and treatment plan for your injuries.
• Document the Scene: If possible, take pictures or videos of the hazard that caused your fall, the surrounding area, and any visible injuries. This evidence will be crucial if you decide to pursue a legal claim.
• Gather Witness Information: If anyone saw your fall, get their contact information.  Their statements can be valuable evidence in your case.
• Keep Records: Save all receipts and bills related to your medical care, transportation, and other accident-related expenses. This documentation will help determine the extent of your damages.
• Contact a Plantation Slip and Fall Lawyer: An experienced slip and fall lawyer can review your case, determine if you have a claim, and help you navigate the legal process.

How a Plantation Slip and Fall Lawyer Can Help

The aftermath of a slip and fall accident can be a whirlwind of medical bills, lost wages, and emotional stress.  A Plantation slip and fall lawyer can be your advocate throughout the legal process, working to recover compensation for the damages you’ve suffered. Here’s how they can provide significant assistance:

Case Evaluation and Investigation

First, your lawyer will meticulously evaluate your case. This involves reviewing the details of the accident, such as the location, the cause of your fall, and the extent of your injuries. They’ll gather evidence from the scene, including witness statements, photos, and any accident reports that may exist. Your lawyer might also consult with experts like accident reconstruction specialists to determine how the dangerous condition arose and how long it was present.

Determining Liability

Establishing who is liable for your slip and fall is crucial. Property owners have a legal duty to maintain a safe environment for visitors. Your lawyer will investigate whether the property owner breached this duty by failing to fix a known hazard, neglecting to warn visitors of potential dangers, or not taking reasonable steps to keep the premises safe. Florida’s modified comparative negligence laws come into play here. Even if you’re partially responsible (50% or less) for the fall, your lawyer will fight to ensure the property owner is held accountable for their share of the blame.

Building a Strong Case

Once liability is established, your lawyer will build a strong case to maximize the compensation you may be eligible for. This involves collecting medical records to document the severity and nature of your injuries, as well as documenting any lost wages or future earning potential impacted by the accident. They’ll work with you to understand the non-economic damages you’ve suffered, such as pain and suffering, emotional distress, or loss of enjoyment of life.

Negotiating with Insurance Companies

Most property owners carry liability insurance. Your lawyer will handle all communication with the insurance company, negotiating for a fair settlement that reflects the full extent of your losses. They understand insurance companies’ tactics and will advocate fiercely for fair compensation for your injuries.

Trial Preparation

If a fair settlement cannot be reached, your lawyer will prepare your case for court. This involves meticulous case preparation, gathering expert witness testimony, and building a compelling legal argument. They will represent you in court, ensuring your rights are protected throughout the legal process.

By working with a skilled Florida slip and fall lawyer, you increase your chances of recovering the maximum compensation for your injuries and damages. Don’t hesitate to seek legal counsel if you’ve been injured in a slip and fall accident – your health and well-being are paramount.

Don’t Suffer in Silence After a Slip and Fall

A slip and fall accident can leave you feeling shaken, injured, and facing a mountain of medical bills.  If you’ve been hurt due to someone else’s negligence on someone else’s property, you don’t have to navigate the legal process alone. The experienced Florida personal injury attorneys at Cohen and Juda are here to help. We have been helping people in South Florida for decades and can help you too.

We understand the complexities of slip and fall claims. Our team will work tirelessly to investigate your accident, gather evidence, and build a strong case to pursue fair compensation for your injuries. This may include coverage of medical bills, lost wages, and compensation for pain and suffering.

Don’t wait to seek legal help.  Florida has a statute of limitations on personal injury claims, which means there’s a limited window of time to file a lawsuit. Contact us today for a free consultation.  Let us review your case and discuss your legal options.  We’re here to fight for you every step of the way.  Call us at (954) 424-1440 or visit our website and fill out our online form. We know accidents don’t wait for weekdays – neither do the right lawyers. We are available to you 7 days a week.

Copyright © 2024. Cohen and Juda, P.A. All rights reserved.

The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Cohen and Juda P.A.
8211 W Broward Blvd, Suite 310
Plantation, FL 33324
(954) 424-1440
https://www.cohenandjudaflorida.com/