If you’ve experienced a slip and fall, you’re not alone. We often see cases involving these types of accidents, which may leave victims confused, stressed, and even traumatized.
So, what should you do after a slip and fall? The good news is that you don’t have to suffer in silence. Working with an experienced premises lawyer in Pompano Beach, Florida, can help you receive the compensation you deserve.
If you’ve experienced a slip and fall, you’re not alone. We often see cases involving these types of accidents, which may leave victims confused, stressed, and even traumatized.
So, what should you do after a slip and fall? The good news is that you don’t have to suffer in silence. Working with an experienced premises lawyer in Pompano Beach, Florida, can help you receive the compensation you deserve.
In this guide, we’ll explain the common causes of slip and fall accidents, what to do after an injury, and the damages you might be entitled to in the Sunshine State. You’ll also learn the benefits of working with a premises liability lawyer who can fight in your corner and help you navigate the complicated legal system.
When Slip and Falls Becomes a Legal Case
A slip and fall accident usually happens when someone loses their balance and falls to the ground, often injuring themselves in the process. Usually, a specific event or circumstance causes these accidents, such as a wet floor in a grocery store or other substances being left on the floor. Most slips and falls are preventable if the business establishment were to take the necessary measures to ensure everybody’s safety, but unfortunately, they often don’t.
Slips and falls are more common than you may think. In 2022, there were approximately 225,270 people injured enough to need days off from work, according to the National Security Council. In serious cases like these, you may have a strong negligence claim against the party that caused your injuries. Negligence in situations like these often involves the establishment failing to exercise a reasonable level of care to keep the property free of any dangers or hazardous conditions.
Not all slips and falls result in lawsuits. Every state has different laws when it comes to these types of accidents, and the requirements for filing a claim will depend on various factors. Usually, someone will need to experience some kind of damages, such as bodily injuries or lost wages, to successfully receive compensation.
Why Are Slip and Falls Claims Often Misunderstood?
Slip and fall accidents are among the most misunderstood types of personal injury claims. Due to embarrassment, confusion, and other factors, slip and fall victims often don’t file claims and ultimately suffer for years after their accident. Some people are unsure about what to do after a fall and may not even seek medical treatment.
If you or someone you know has experienced a slip and fall, realize you have the right to file a claim and fight for compensation for any injuries, medical bills, or other expenses related to the accident.
To better understand your legal rights following a slip and fall accident, call Long & Jean, P.A., today for a free case evaluation. Our personal injury attorneys serving Pompano Beach, FL, will ensure your legal rights are protected and help provide the best possible outcome for your injury case.
What Counts as a Slip and Fall Under Florida Law?
Under Florida law, a person who slips and falls on a “transitory foreign substance” in a business establishment must prove that the “establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” A transitory foreign substance is any object, solid, liquid, or item placed in a location where it doesn’t belong.
In other words, the burden of proof is on you to prove that the slip or fall was outside your control. Unfortunately, doing so can be difficult, especially if you depart the area after the event. This is where a good slip and fall attorney in Florida comes in handy. They can help you build a case against the establishment that caused your accident and provide the legal support you need at this difficult time.
There are other stipulations under Florida law to pursue a slip and fall claim. For example, the dangerous condition must have existed for such a length of time that, under normal circumstances, the business establishment should have known about it. If this all sounds confusing, don’t worry. An attorney specializing in this field can help guide you through the process.
How Negligence Plays a Role in These Accidents
Slip/trip and fall cases fall under premises liability, which is an area of law that holds property owners to account for not maintaining safe conditions. Often, slip/trip and fall claims result from premises owners neglecting the maintenance and repairs of a property, whether commercial or residential.
Under Florida law, both public and private property owners have a responsibility to maintain their properties so that they are safe for use. Property owners are responsible for correcting an issue as soon as they become aware of it and for placing proper signage in areas that could be dangerous to a passerby. Neglecting to do so can lead to them being accountable for any injuries that occur.
A court may look at different factors to determine whether a property owner was negligent, such as whether they knew about the hazard that caused the accident and how long it took for them to address the issue (if they even did).
If you’ve experienced a slip/trip or fall due to a negligent premises owner, you may be able to file a claim. Contact an experienced slip and fall lawyer to help you receive what the law affords.
Visit our FAQ page to find answers to commonly asked questions about slip and fall injuries.
High-Risk Locations for Slip/Trip and Fall Injuries
Slips/trip and falls can happen pretty much anywhere, however, there are specific locations that pose a greater risk for these types of accidents.
Retail Stores, Restaurants, and Grocery Chains
These locations all experience high amounts of foot traffic from the public, potentially resulting in safety hazards such as wet floors from spilled drinks or other substances. While it’s generally the responsibility of a premises owner to keep these areas safe, injuries still occur from slip/trip and falls.
Apartment Complexes, Parking Garages, and Walkways
Slips and falls can also occur in apartment buildings and their surrounding areas, which include parking garages and walkways. For example, a walkway with uneven paving slabs might cause an accident, leaving a person seriously injured. Building owners are typically responsible for keeping these locations safe, but this doesn’t always happen.
Unsafe Conditions That Lead to Injuries
Regardless of the location, various conditions can cause someone to slip/trip and fall.
These include:
- Carpets, rugs, and other types of flooring that aren’t secured properly
- Cluttered aisles in grocery stores and other retail locations
- Slippery sidewalks and walkways caused by excessive rain, snow, ice, and other weather events
- Poorly lit parking garages and other public areas
- Broken/missing stairs or stairs with no handrails
- Dirt and debris on walking surfaces
There’s a misconception that a premises liability case can’t move forward if a business owner or other party gives a warning about an unsafe environment — for example, by placing a ‘wet floor’ sign in a grocery store aisle. While this might complicate a potential claim, issuing a warning doesn’t always absolve the owner of responsibility for a slip/trip or fall. Ultimately, it all depends on the circumstances and what happened. Consult with a Pompano Beach attorney to better understand your rights under the law.
Proving Property Owner Negligence
Being able to prove negligence after a slip/trip and fall accident is difficult. In some cases, slip/trip and fall victims blame themselves for not being careful or being clumsy. The truth is that property owners can be held liable for failing to reasonably maintain their premises.
Evidence that Strengthens a Case
Collecting evidence after a slip/trip or fall can help you build a case and prove the premises owner was negligent. This may involve:
- Recording the date and time of the accident
- Taking photos and videos of the accident site and surrounding area
- Accumulating statements from any witnesses who saw what happened and can confirm property owner liability
- Reporting the incident to the premises owner and getting an incident report, if possible
The more evidence you collect, the better. You’ll also want to do it as soon as you can. The statutes of limitations for personal injury cases, such as those that involve slips/trip and falls, set a time limit for when you can file a lawsuit. These vary from state-to-state, with Florida now having a two-year limitation period, which we’ll explain in more detail below.
How Insurance Companies Try to Minimize Liability
After a slip/trip or fall, a premises owner’s insurance company may contact you and, in some cases, pressure you into accepting a nominal settlement. They might also downplay the extent of your injuries or imply that the accident was your fault. This can undermine your negligence claim and make your life more difficult.
If any of this occurs, contact a slip/trip and fall attorney like Long & Jean, P.A., right away. We understand how insurance companies work to defend their own interests, not yours, so let us fight for yours.
Whatever happens, our legal team will be there to advise you and guide you every step of the way. We’ll also answer any questions you may have, such as “Can I sue after a fall in a grocery store?”
Immediate Steps to Take After a Slip/Trip & Fall
It’s important to seek medical attention after a slip/trip and fall. If possible, you’ll also want to gather important evidence like photographs or videos of the area you fell, and what may have caused the fall to occur.
Many slip/trip and fall injuries don’t result in significant life-changing injuries, but do require ongoing medical care and rehabilitation, which can be costly. Seniors and children are usually the most vulnerable to slip/trip and fall injuries, which can result in:
- Contusions
- Knee injuries
- Broken bones
- Herniated discs
- Spinal cord injuries
Remember to safekeep your evidence and medical records and bills, as you may need them to support your claim.
Understanding Florida Slip/Trip and Fall Laws
Florida law holds third parties accountable for the condition of their properties concerning visitor safety. A slip/trip and fall accident is covered under Florida Statutes, which require injured parties to prove the property owner owed them a duty of care and failed to do so.
Impact of House Bill (HB) 837 and the New 2-Year Statute of Limitation
Among other things, HB 837, which went into effect in March of 2023, reduced the statute of limitations for negligence actions from four years to two years. This means you have less time to file a claim after a slip/trip and fall accident caused by a negligent premises owner.
Two years may still seem like a long time to pursue something like this, however, most attorneys use as much time as possible to build a strong case and will attempt to negotiate a settlement before filing a lawsuit in the Florida courts.
What Comparative Negligence Means for Your Case
Comparative negligence is when the court assigns a percentage of fault to each party involved in a slip/trip and fall case. For example, if a judge or jury finds you 30% responsible for the accident, they may reduce your compensation by that amount.
Under Florida’s comparative negligence system, a judge or jury can bar you from receiving damages if they deem you to be more than 50% responsible for a slip/trip and fall accident. For example, if they think you are 51% or more responsible, you might not receive any compensation at all.
Understanding what comparative negligence means is critical, so work with an attorney who understands this area of the law to best protect your interests.
What a Successful Claim Can Cover
Receiving just compensation for your damages is the core of a slip/trip and fall case and an outcome that our attorneys always pursue. While some damages may be simple to calculate, others can cause major issues — especially if you are trying to handle your case alone. While insurance companies are quick to pay for immediate medical bills and sometimes lost wages, there are many other types of damages they might fight against paying.
Economic Damages
Economic damages refers to the monetary impacts of a slip/trip and fall, such as current and future medical bills, medical treatment, or lost wages. Calculating economic damages is not as simple as it may seem, as there are various types of economic damages that can be taken into consideration. This is why working with an experienced legal professional is the best way to identify all potential economic damages and factors that can significantly impact your compensation.
Non-Economic Damages
Non-economic damages are the impact of a slip/trip and fall accident that have no dollar value and are subjective in nature. These damages often include post-traumatic stress disorder (PTSD), depression, pain and suffering, diminished quality of life, or loss of enjoyment.
Trying to calculate a dollar value for something like pain and suffering is not easy math, and because of this, insurance companies are often quick to push back. Our slip/trip and fall attorneys have years of experience handling this and can use their experience to maximize your recovery.
Punitive Damages
The property owner responsible for your slip/trip and fall injuries may also be on the hook for punitive damages, if they are found guilty of committing an offense, such as gross negligence. A judge or jury may award these damages as a punishment such conduct.
You might think you have to pay upfront to work with an attorney who can help you claim damages, however, many law firms work on a contingency fee basis, which means your attorneys only get paid if they can recover monies for you through settlement or verdict.
Why Choose Long & Jean for Your Slip/Trip and Fall Case?
At Long & Jean, P.A., we take multiple factors into account to properly build up slip/trip and fall cases for our clients. Our high level of attention to detail ensures we can represent people just like you at the highest level possible.
Florida law requires a thorough investigation to highlight relevant evidence that can prove causation and damages after an accident. Working with our team can help you navigate the legal requirements of a slip/trip and fall case, whether your injury took place at a private property, commercial property, or elsewhere.
As we evaluate evidence relevant to factual and legal issues concerning the premises, we look for the following:
- Poor lighting
- History of accidents
- Configuration of walkways
- Maintenance procedures and logs
- All accident reports and documentation
- Witnesses, including the manager or owner
- Flooring with inadequate slip resistance
- Adequacy of warnings and barriers placed near the hazard
Build Your Slip and Fall Legal Team
A personal injury can severely impact your life in numerous ways. That’s why you deserve the right legal representation. When a property owner or manager fails to protect the public from hazards they knew or should have known about, it is our legal duty to fight for your rights.
When you choose to work with a South Florida slip/trip and fall lawyer from Long & Jean, P.A., you are working with a qualified team that will guide you through the process of seeking medical attention, diagnostic evaluations, and everything you’ll need to build your case up for success.
If you or someone you know has suffered from a slip/trip and fall accident, contact us at 954-597-6770 or schedule a complimentary consultation online.
When a property owner or business establishment fails to ensure a safe environment for its visitors, like you, Long & Jean, P.A., is here to protect you.