Florida Slip and Fall Accident Lawyers
Slip and fall accidents are some of the most common causes of personal injury claims. Fall accidents account for approximately 8 million trips to the emergency room every year, and slip and fall accidents are responsible for about 1 million ER visits.
If you or a loved one have been injured in a slip and fall incident, it’s time to consult with an experienced attorney, such as those at the Kennon Law.
A slip and fall attorney from Kennon Law will review your case and fight to help you recover compensation. Our experienced team works to prove negligence and hold the at-fault party accountable for the harm they caused you.
Here’s everything you need to know about slip and fall accidents claims and how Kennon Law can seek compensation on your behalf.
CONTACT US NOWWhat Is a Slip and Fall Accident?
A slip and fall accident occurs when you lose your footing due to a hazardous condition, which can include slippery floors, trip hazards, damaged railings, or a variety of other dangers.
These incidents are common in premises liability cases where a property owner fails to maintain safe conditions for guests. A key factor in a slip and fall case is that the incident occurred on someone else’s property, not your own.
Demonstrating that the property owner had a duty of care and proving that they neglected or ignored that duty is foundational to a slip and fall accident claim. A slip and fall attorney will work to establish these facts when fighting for compensation on your behalf.
Causes and Conditions Leading to Slip and Fall Accidents
A slip and fall accident can be caused by a wide range of hazardous conditions, which may include the following:
- Uneven surfaces
- Holes or cracks in the flooring surface
- Broken railing
- Trip hazards (i.e., cords or obstacles)
- Slippery surfaces
Weather-related hazards like ice or snow can also contribute to a fall accident. The owner of private property has a duty to keep their premises safe by promptly fixing any hazards and making necessary repairs. Failure to do so can lead to a slip and fall lawsuit. The key to these lawsuits involves demonstrating that unsafe conditions existed and that those conditions contributed to your injuries.
Older individuals and people who have mobility impairments may be at an increased risk of a fall injury. While these risk factors may reduce someone’s ability to recover compensation, they do not exonerate the property owner from liability.
If you slipped and fell on private property and the owner failed to maintain safe conditions, you may have grounds to file a slip and fall claim.
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Liability and Negligence in a Slip and Fall Case
The first responsibility of a fall accident lawyer is to demonstrate that the property owner was negligent in maintaining a safe environment. To do this, fall attorneys will have to prove that the other party had a duty of care and that they breached that duty. Your lawyer must also prove causation and damages.
Duty of care means that the property owner has a legal obligation to keep their private property safe for visitors. For example, a business owner must ensure their store is safe for employees, customers, and anyone else who is authorized to be on the premises.
Next, fall attorneys will prove that the defendant breached their duty by allowing hazardous conditions to exist. Once an attorney establishes the duty of care and proves a breach, they must prove the link between that failure and your injuries.
Finally, your attorney will need to prove that you suffered harm as a result of the slip and fall accident. Damages can take many forms, including medical bills, lost income, and pain and suffering.
Fall attorneys at Kennon Law will examine a wide range of evidence to build a strong slip and fall case on your behalf. Our team will gather maintenance records, look for surveillance footage, and talk to witnesses to establish the four elements outlined above.
Your Own Responsibility for the Accident
In a slip and fall lawsuit, your actions will also be scrutinized. The property owner and their insurance company will attempt to shift the blame to you to reduce their liability. The good news is that you may still be able to recover compensation, even if the property owner demonstrates that you contributed to the accident.
Florida applies the “comparative negligence” doctrine when evaluating civil cases, including slip and fall accident claims. According to Florida State Statute 768.81, a claimant’s contributory fault diminishes the amount of economic and non-economic damages that they can be awarded.
However, this rule does not bar you from recovering in a personal injury case unless you are more than 50% responsible for the accident.
Let’s say that you enter a store and slip and fall on a wet floor. The store did not have a wet floor sign, and the area was left excessively damp after being mopped. However, you were not wearing any shoes, which is against the store’s policy.
In our scenario, let’s say that the court determined that you were 20% responsible for the fall accident, and the business carried 80% of the responsibility for your fall accident. According to the comparative negligence rule, the amount you could recover would be reduced by 20%, but you would still be eligible for compensation.
Location and Slip and Fall Claims
The location of your slip and fall accident has a huge impact on our case. The incident can occur on private property, public spaces, or your place of work. Each location is governed by slightly different regulations and standards of care.
Slip and fall accidents at work can be more complex than incidents that occur outside of the workplace. That’s because a workplace slip will often lead to a worker’s compensation claim.
There’s a common misconception that you can never sue your employer for fall injuries if you have already filed a worker’s comp claim. That is true in most cases, but there are certain exceptions.
If your employer was grossly negligent or acted to harm you intentionally, you may be able to file a personal injury claim for your slip and fall accident in addition to your worker’s comp claim.
Filing a Slip and Fall Lawsuit
After the dust has settled around your slip and fall accident and you’ve addressed your immediate medical needs, it’s time to hold the at-fault parties accountable.
Make sure you notify the property owner or manager and ensure that you obtain contact information for any potential witnesses. Gather whatever evidence you can, including photographs of the hazard that led to your slip and fall accident.
Next, you need to connect with a reputable fall lawyer. The fall lawyers at Kennon Law can assist with your slip and fall case. We will provide a free consultation and help you hold the at-fault parties accountable. Our firm uses a contingency billing model, which means you don’t pay us anything unless we win your case.
After you hire Kennon Law, we will review witness statements and gather evidence to support your claim. We will negotiate with the insurance company on your behalf and strive to resolve your fall accident claim as quickly as possible so that you can receive the compensation you need to move on with your life.
However, if the insurance company refuses to negotiate in good faith, Kennon Law will take your slip and fall case to trial. Our team is committed to representing fall victims in their fight for just compensation.
Compensation for Slip and Fall Accidents
The purpose of a slip and fall claim is to hold at-fault parties accountable for their negligence and pursue compensation to cover the costs of your injuries. When handling your slip and fall lawsuit, Kennon Law will consider various forms of compensation to determine what you may be entitled to.
Some of the common types of compensation that plaintiffs can recover in a slip and fall accident include the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of earning capacity
The specific compensation that you are eligible to receive will vary depending on the severity of your injuries and the degree of negligence involved. Your contributions to the incident can also impact how much compensation you receive.
Kennon Law will thoroughly review your case so that we can accurately account for all of the monetary and non-economic costs of your slip and fall.
What to Do After a Slip and Fall Accident
Your health and safety come first, especially after a slip and fall accident. If you suffered serious injuries, seek immediate medical attention. Even if your injuries seem minor, you should undergo a medical evaluation so that you can document the incident. Your medical records will be valuable evidence for your slip and fall claim.
After you seek medical attention, report the incident to the property owner. Take photographs of the scene and note any hazardous conditions. If anyone witnessed the incident, obtain their names and phone numbers so that you can follow up with them later.
Be careful not to admit fault. Anything you say could be used against you in a personal injury case, especially if your statements are recorded.
Consult with an experienced personal injury attorney after you address your medical needs and gather any evidence. The sooner you consult with a lawyer, the easier it will be for them to follow up with witnesses and preserve important evidence, such as security footage.
Insurance and Slip and Fall Accidents
Many slip and fall accidents involve negotiations with the property owner’s insurance company. Remember, the other party’s insurer is not on your side. They want to settle the matter as quickly and cheaply as possible. Don’t sign any settlement agreement or accept any payment until you have spoken to an attorney.
Kennon Law will negotiate with the insurance company on your behalf and strive to obtain fair compensation. Additionally, we will protect your rights and act in your best interests as you deal with the aftermath of your fall injury.
Consult With a Slip and Fall Accidents Attorney in Florida
At Kennon Law, you can work with our slip and fall accidents attorney in Florida. Our team has the experience necessary to assist with your case.
At Kennon Law, we provide free consultations for any slip and fall incident. During your consultation, you’ll have an opportunity to explain the circumstances surrounding your fall accident and receive timely legal guidance about your options.
Our team believes that you shouldn’t have to endure financial hardships or huge upfront legal fees due to someone else’s negligence.
With that in mind, our personal injury attorneys use a contingency billing model. That means fall victims like you can get the legal assistance you need without any upfront costs or risks. You don’t owe us anything unless we win.
Schedule a consultation with a slip and fall accidents claims lawyer at Kennon Law and let our team seek justice on your behalf.
FAQs
How Much Are Most Slip and Fall Settlements?
Settlement amounts in a slip and fall claim can range from a few thousand dollars to millions of dollars. The amount of compensation you obtain in a slip and fall accident will vary depending on several factors, including the quality of the evidence and the level of negligence the private property owner exhibited. Comparative negligence also influences your ability to obtain compensation.
How Long After a Fall Can You Make a Claim?
According to Florida law, an injured person has up to four years to make a slip and fall claim. However, if you or a loved one has suffered fall injuries, it’s important to initiate the claim as quickly as possible. The sooner you speak to a slip and fall attorney, the easier it will be for them to track down witnesses and obtain evidence to support your case.
What Injury Is Most Commonly the Result of a Slip and Fall?
Slip and fall accident injuries tend to include bruising, broken bones, and spinal cord injuries. Traumatic brain injuries (TBIs) are also a possibility if your head impacts the ground during your fall accident.
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