While most of us have slipped and fallen at one time or another, a particularly bad fall can result in serious injuries. If a slip and fall accident results from a property owner’s negligence, however, an injury victim has the right to file a personal injury lawsuit to recover damages. The best way to protect your rights if you have been injured on another person’s property is to consult an aggressive slip and fall attorney.
The legal team at My.Attorney is well-versed in the applicable premises liability laws and has a proven history of achieving successful outcomes in slip and fall accident cases. When you become our client, we will provide you with powerful representation and fight for your right to meaningful compensation. Whether you were injured on a neighbor’s property, a business or retail location, or a public facility, we will handle every detail of your slip and fall accident case so that you can focus on recovering.
What is premises liability?
In the state of Florida, owners of private, commercial and public property have an obligation to maintain their property and provide a safe environment to visitors and passersby — neighbors, mail carriers, patrons, vendors, and others. To have a valid slip and fall claim, we must prove that the property owner failed to properly maintain the property and/or failed to warn you of an existing hazard. We must also be able to demonstrate that the property owner knew, or should have known about the hazard, and failed to protect you from injury.
Causes of Slip and Fall Accidents
Anyone can slip due to their own clumsiness or inattention, however, slip and fall accidents are often caused by hazards such as:
- Wet or slippery surfaces
- Broken stairs/poorly secured banisters
- Torn or uneven carpeting
- Debris/obstructed walkways
- Poorly lit walkways or hallways
- Uneven or warped flooring
- Poorly secured rugs
Nonetheless, all property owners have a duty to promptly remedy such hazards and warn visitors about the hazardous condition. When a property owner fails to do either and an accident occurs, the injury victim is entitled to compensation.
Common Slip and Fall Accident Injuries
Slip and fall accidents frequently result in a wide variety of injuries, including:
- Fractures and sprains
- Back and spinal cord injuries
- Shoulder injuries
- Head injuries
- Traumatic brain injuries (TBIs)
The severity of these injuries depends on factors such as the type of fall (e.g from a height, down a flight of stairs, off of a ladder, or on a raised sidewalk), and the age and fitness level of the accident victim — the elderly are at a particularly high risk of sustaining catastrophic injuries in slip and fall accidents.
Damages You May Recover in a Premises Liability Lawsuit
If you have been injured in a slip and fall accident that was the result of the property owner’s negligence, you may be awarded compensation, which includes economic and noneconomic damages. Economic damages will compensate you for financial losses such as lost wages, medical expenses, and loss of earning capacity. Noneconomic damages will cover losses such as pain and suffering, permanent disability and loss of enjoyment of life.
Because of Florida’s comparative negligence rules, however, the amount of your recovery will be reduced if you contributed to the accident. If you slipped on a spill at the grocery store, for example, but the defendant can show that you were not paying attention to your surroundings, an insurance claims adjuster or a jury may find there was comparative fault. Therefore, if you are assigned 20 percent of the fault, and damages are assessed at $10,000, the amount of your award will be reduced to $8,000.
Contact Our Florida Slip and Fall Attorney
When you work with My.Attorney, we will stand by you every step of the way. By conducting an extensive investigation, which includes obtaining and reviewing the accident and medical reports, taking pictures of the accident scene, and identifying and interviewing witnesses, we can assess whether you have a valid claim. Nonetheless, it is crucial to contact us as soon as possible — before the property owner attempts to correct the hazard and evidence is collected.
While most slip and fall accident cases can be resolved by negotiating with an insurance company, we know that insurers frequently attempt to settle claims for a little money as possible. If the insurer fails to offer the full value of your claim, we will take them to court. Whether through negotiation or litigation, we will never stop fighting for your rights. If you have been injured in a slip and fall accident in Florida, download our app for a free case evaluation or contact us.