Slip and fall accidents are one of the most common causes of personal injuries. They can leave you with broken bones, strained or torn muscles and tendons, and serious head, back, or neck injuries that can take months to heal. In the meantime, you could find yourself facing a flood of medical expenses while being unable to work or perform even simple daily activities.
To protect yourself, it is important to be aware of how these accidents happen and understand your rights in seeking compensation through a personal injury claim. As experienced Florida slip and fall lawyers, we frequently meet with accident victims to answer questions about these types of cases. Here are some of the top questions people ask:
Who Is Responsible If I Am Injured in a Slip-and-Fall Accident?
When a slip and fall accident happens, it is often due to the negligence of the property owner. In this type of situation, the property owner or the manager of the property can be held responsible for your injuries and any expenses you incur as a result. You may be able to pursue compensation through their insurance policy or by filing a premises liability claim.
What If I Get Hurt in a Slip-and-Fall Accident at Someone’s House?
Suffering a slip and fall at a family member’s, friend’s, or neighbor’s home can be awkward for everyone involved. While you may be reluctant to initiate legal proceedings against them, you should not have to shoulder the costs yourself. Fortunately, homeowners’ insurance can help to avoid unpleasantness in this situation. These policies typically cover slip and fall accidents and can be resolved without ruining your relationship with the homeowner.
What If I Was Trespassing or My Child Was Trespassing When the Fall Happened?
Under Florida law, property owners have a duty of care to protect their visitors. This means addressing any conditions that could result in slip and fall accidents and warning visitors of any potential hazards that do exist. While this does not necessarily extend to trespassers, situations involving children are somewhat different. Under the “attractive nuisance” doctrine, property owners can be held liable for injuries suffered by a trespassing child if something on the property would obviously attract them, such as a swing set.
How Do You Prove Negligence in a Slip and Fall Case?
To prove a property owner was guilty of negligence and liable for a slip and fall accident, you need evidence showing that the owner was aware that a dangerous condition existed but failed to take steps to correct it or warn others that it existed. For example, a record of prior accidents, statements made to others, or getting a quote to fix the condition at an earlier time could all be used to prove negligence.
What Steps Should I Take If I Have Been Injured in a Slip-and-Fall Accident?
If you are involved in a slip and fall accident, your first steps should be to report it to the property owner or manager and make sure an accident report is filed.
Make a mental note of exactly when the slip and fall occurred, what you were doing at the time, and any conditions that may have led to it.
If possible, take photos and get the names of any witnesses who may have seen your slip and fall happen.
Get medical attention as soon as possible, and follow all doctor instructions regarding follow-up care and work or activity restrictions. Not doing so could jeopardize your rights in seeking compensation.
Finally, talk to a lawyer as soon as possible about your legal rights, and let your attorney handle all communication about the case from there.
Should You Hire a Lawyer for a Slip and Fall Injury Case?
Even a minor slip and fall could leave you with lingering disabilities that require ongoing medical care. Unfortunately, insurance companies are notorious for attempting to deny or downplay claims. This is why it is so important to talk to an experienced slip and fall lawyer as soon as you are hurt.
Our attorneys can negotiate with insurers on your behalf. If an appropriate settlement cannot be reached, we can represent you at trial in pursuing full compensation through a premises liability lawsuit.
What Evidence Will I Need to Receive Compensation for My Slip-and-Fall Accident?
As experienced slip and fall accident lawyers, we will gather all the evidence needed to support your claim. This will include accident reports, medical records, and pay stubs showing lost wages, as well as any other evidence such as witness testimony or videotape recordings from nearby security cameras at the scene.
We may also work with experts who can calculate what future medical expenses you will face and how your earning capacity will be affected down the line.
How Will My Case Be Resolved After a Slip-and-Fall Accident?
Depending on the situation, your claim may be resolved by either negotiating an insurance settlement or by filing a premises liability lawsuit and taking your case to trial. Most cases can be resolved with a settlement. However, our attorneys will be prepared to go to trial if that is what is in your best interests.
How Do Slip and Fall Accidents Happen?
A slip and fall is no minor matter. According to the National Safety Council (NSC), these accidents are the third-leading cause of death and disability in the United States. Wet floors, loose carpeting or paving stones, cluttered aisles and walkways, inadequate lighting, and lack of proper hand or guardrails all make falls more likely to occur.
Where Do Slip and Fall Accidents Happen?
The NSC reports that slips and falls can happen anywhere. They can occur while visiting friends or family members in homes or apartments, or when running errands and going to grocery stores, restaurants, or retail establishments. They can also happen at work or in public places, such as in parks or on sidewalks.
Contact Our Slip and Fall Lawyers Today for Help
At Holliday Karatinos Law Firm, PLLC, we have over 50 years’ worth of combined experience in helping clients get the compensation they need to recover when slip and fall accidents occur. To discuss your injuries and learn how we can help, call or contact a Florida slip and fall attorney online to request a free consultation today.