Slip and fall accidents are serious risks, and property owners are legally expected to take the necessary steps to ensure that lawful visitors to their premises can expect a safe and incident-free visit. This legal expectation for a property owner to address hazards on their premises falls under an area of tort law known as premises liability law. It holds property owners accountable for the conditions on their property, as well as any incidents stemming from dangerous conditions such as a slip, trip, or fall injury.
Depending on the specific circumstances, a victim of a slip and fall accident may file a claim against a private homeowner’s insurance company, commercial or business insurance, or (by following particular protocols), a claim against the government. Florida premises liability law protects lawful visitors from the many damages associated with slip and fall injuries. It holds the responsible party accountable for their failure to provide a safe environment. Victims must prove negligence to follow through with a slip and fall claim, but simply proving negligence has little bearing on the rest of the claim and the fall accident victims’ ability to recover compensation that adequately addresses the many impacts of serious injuries.
Regardless of the specifics of your slip and fall accident, working with a Florida personal injury lawyer is one of the best ways to navigate this complicated process. The team of slip and fall accident lawyers at Fasig | Brooks is here to help.
Contact Fasig Brooks For a Free Consultation About Your Slip and Fall Case Today
Our law firm offers a free consultation for Florida slip and fall accident victims, which allows us to discuss the specifics of the accident and the many ways personal injury lawyers can support victims through this complicated process. After suffering from severe injuries on someone else’s property, trying to seek fair compensation on your own can feel nearly impossible. Insurance companies design their claims process to benefit their bottom line — not to ensure that a claimant gets the money they deserve.
Someone experienced with fall claims who is ready and willing to fight for your rights can give you the peace of mind you need to focus on recovering from your injuries and working towards getting your life back on track. Insurance companies know that once victims partner with an experienced lawyer, they can expect that the slip and fall claim against the property owner will be carried out aggressively and will focus on a comprehensive settlement.
Read more below about slip and fall accidents, and contact our law firm as soon as possible to partner with a fall injury lawyer. They will help you take on the insurance company and seek compensation that addresses the serious injuries and damages you’ve suffered — all while you can stay focused on getting the medical care you need.
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Common Reasons for Slip and Fall Injuries
A slip and fall accident, as the name implies, is one that occurs when someone encounters a hazardous condition that causes them to slip or trip and fall. There are many different ways that a person can slip and fall on someone else’s property, and while icy walkways are common in northern states, they are not very common in a climate like Florida’s. That said, there are many different ways that someone can suffer a personal injury after a slip or trip.
The following examples will give you a few general instances of when someone could suffer from this type of personal injury, but is in no way meant to be comprehensive or all-inclusive. Whether or not you see your own slip and fall accident below, contact our firm as soon as possible to discuss the specifics with a fall accident lawyer. They can help you make sense of your situation and guide you through the process of getting the money you deserve.
Wet Floors
Wet floors are extremely common in public spaces like rotundas and entranceways during inclement weather, as well as in bathrooms, grocery aisles, and on tile floors if there is a leaky pipe in the area. These are just a few of the many ways that a floor gets wet, and the ubiquitous, bright yellow sign warning of this hazard is one way that property owners attempt to avoid liability for an accident.
Placement of a “Wet Floor” sign does not provide immunity for property owners, but if the sign was present and you suffered a serious injury, the insurance company will use this as a reason to limit their client’s liability and pay as little as possible. Working with a slip and fall lawyer can help combat this approach and work to get you the money you deserve.
Broken Sidewalks
Walking along a sidewalk in disrepair can be a challenging task for anyone, and these areas are common causes of slip and fall accidents across the United States. Trying to unravel the issue of liability after an accident on a sidewalk can be difficult because a property owner may try to blame the municipality for maintenance failures or otherwise attempt to avoid being held responsible. In some instances, a victim may need to file a claim against the municipality and not the property owner, but this will depend on the specific nature of the accident and who is responsible for the upkeep.
If you are hurt on a dangerous sidewalk, it is imperative that you document the disrepair — these issues can be fixed with relative ease after the accident occurs. Once it is fixed, you may have a hard time providing evidence of the hazards that led to your slip and fall accident.
Faulty Handrails
When we grab a handrail to assist as we go up or down a stairway, we expect that the handrail is sturdy and can support our weight. Handrails are legally required on stairways with four or more risers in Florida, as well as on certain aisles and ramps, although the specifics of these requirements depend on the local building codes.
Falling on stairs can lead to serious or life-threatening injuries, including broken bones, internal bleeding, or a traumatic brain injury, each of which requires immediate medical attention and can lead to significant medical bills, wage loss, and more. Trying to make sense of these many damages is just one of the complicated processes that a slip and fall lawyer can help you navigate.
Bunched Carpeting or Rug
Carpeting or area rugs can pose significant risks to visitors if they are not installed properly or if they are not properly anchored to the floor below. When a rug or carpet bunches, it can easily cause slip and fall accidents, leading to a wide range of injuries.
You must gather evidence, if possible, after this type of accident, whether as a statement from an eyewitness, a photo of the hazard, or even a video of the area where you had your accident. If you can gather photographic and video evidence, your slip and fall attorney will have a clear idea of the situation without relying on eyewitness accounts or your memory of the situation. No matter how vivid the details seem at the moment, memory is unreliable and can lead to confusion in the future as you work through your claim with our law firm.
Escalator Accidents
Escalators are complicated pieces of machinery that require ongoing maintenance and routine checks to ensure that they are functioning properly and provide safe transport up and down. In an escalator failure, everyone on the device can suffer from serious or even fatal injuries.
Escalators are typically found in commercial buildings like shopping malls or other multi-floored locations. Still, wherever your escalator accident took place, you deserve compensation for someone else’s failure to maintain their machinery properly or to bar the use of said machinery until it is properly functioning.
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Common Injuries from Slip and Falls
The following are just a few of the many different ways someone can be injured from a slip and fall. No two personal injury accidents are alike, and our law firm takes pride in our detailed approach to each case to ensure that each injury is addressed specifically and that the associated damages are accurately reflected in our settlement demands. As with the types of accidents listed above, the following list is not meant to be exhaustive. Whether or not your injuries are listed below, contact us today to speak with a slip and fall attorney who will help you make sense of your legal options and fight for the money you deserve.
Traumatic Brain Injuries
A head injury can be a major issue, no matter how minor or severe. However, when the brain is damaged as well, the victim may suffer lifelong or even fatal injuries that can leave both the victim and their loved ones struggling to deal with the repercussions of the accident for many years to come. Suppose you believe that you or a loved one has suffered any sort of brain injury after a slip and fall. In that case, it is absolutely essential to seek immediate medical attention to ensure that all issues are identified and addressed as soon as possible.
Broken Bones
Fractured bones are very common in slip and fall accidents, especially in the hands, elbows, arms, and wrists as a victim extends their arms to break their fall. These types of injuries can cause serious disruptions to a victim’s ability to carry out their daily lives, not to mention the significant pain and suffering they must endure from the fracture or the inconvenience of dealing with a cast for weeks or months. These injuries must be set quickly to ensure that the bone is able to heal properly.
Soft Tissue Damage
Soft tissue injuries like whiplash or sprains may take time to show and can lead to issues if a victim does not recognize their injuries until after the initiation of the claim. Insurance companies will try to push back on these types of injuries because they may take a few days or weeks to show their true extent, and because it is difficult to prove the degree of pain present in a soft tissue injury since there is no breakage or clear issue. However, your medical records will play an important role in proving the extent of your soft tissue damage, and your attorney will fight to get you fair compensation for these and the rest of your injuries.
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Florida Slip and Fall Accident Statistics
According to data presented by the Florida Violence and Injury Prevention Program, Florida residents “over the age of 85 have the highest rates of fatal fall-related injuries, as well as non-fatal hospitalizations.” According to this data, in 2014, the median admission charge for non-fatal fall-related injuries was $52,191, and the total cost of fall injuries exceeded $4.4 billion in medical bills.
Frequently Asked Questions About Florida Slip and Falls
The following are just a few answers to the many questions we will answer during our free consultation. These answers are not intended to be taken as legal advice.
Should I get a lawyer for a slip and fall?
While you are the only one who can answer this question, the reality is that insurance companies have spent decades honing their best practices for reaching cheap settlements while dealing directly with victims who are not being represented by an attorney. Personal injury law is complicated, and insurance companies use this complexity to their advantage by engaging in aggressive tactics meant to overwhelm a claimant and intimidate them into accepting a low settlement offer. Once they accept the offer, they waive their right to future legal action.
Working with the award-winning team at our law firm can give you the mental space you need to focus on your recovery while an experienced professional fights to get you the money you deserve. Our years of successful cases representing a range of personal injury victims can give you a good idea of the level of support you will get as our valued client.
How long does it take to settle a slip and fall case in Florida?
Unfortunately, there is no way to answer this question until a case has been settled. Depending on a wide range of factors, a slip and fall claim may be resolved anywhere from a matter of days to a few years as out-of-court settlement negotiations give way to a trial in the Florida courts.
We know what needs to be done to facilitate a fair settlement