Slip and fall accidents might seem minor. However, they cause thousands of serious injuries every year in Florida. Hence, property owners have a legal duty to keep their premises safe for visitors, and when they fail, you have rights.

What Makes a Valid Slip and Fall Case?

Not every fall creates a legal case. To have a valid claim in Florida, you must prove the property owner was negligent. This means showing they knew or should have known about the dangerous condition and failed to fix it or warn visitors about it. Common examples include wet floors without warning signs, broken stairs, poor lighting, uneven surfaces, or obstacles in walkways.

Florida’s Comparative Negligence Rules

Florida has comparative negligence rules. This means your compensation may be lower if you are partly at fault for your accident. For example, if you were texting while walking and missed an obvious hazard, you might be found 20% at fault. Your compensation would then be reduced by that percentage.

You can still get damages even if you are partly at fault. You just can’t be 100% responsible for the accident.

Types of Properties and Different Rules

The law treats visitors differently depending on why they’re on the property:

Invitees are people invited onto the property for business purposes, like customers in a store. Property owners owe them the highest duty of care.

Licensees are social guests or people with permission to be there. Property owners must warn them about known dangers.

Trespassers have the least protection, but property owners still can’t willfully harm them.

Common Locations for Slip and Falls

Grocery stores, restaurants, shopping malls, hotels, and apartment complexes see frequent slip and fall accidents. These businesses have high foot traffic and many potential hazards like spills, worn carpets, or poor maintenance.

Government properties like sidewalks, parks, and public buildings have special rules and shorter deadlines for filing claims.

What Damages Can You Recover?

If you win your case, you can recover several types of damages:

Medical expenses include emergency room visits, hospital stays, surgery, physical therapy, and future medical costs related to your injuries.

Lost wages include the income you missed because of your injuries. They also cover any decrease in your ability to earn if you cannot go back to your old job.

Pain and suffering compensates you for physical pain, emotional distress, and reduced quality of life caused by your injuries.

Steps to Take After a Slip and Fall

Report the accident to the property owner or manager immediately. Ask them to document it in writing and get a copy if possible.

Take photos of the hazard that caused your fall, your injuries, and the surrounding area. Get contact information from any witnesses.

Seek medical attention right away, even if you feel okay. Some injuries like concussions or back problems don’t show symptoms immediately.

Keep detailed records of your medical treatment, expenses, and how the injuries affect your daily life.

Challenges in Slip and Fall Cases

These cases can be difficult to prove because evidence often disappears quickly. Security camera footage might be erased, spills get cleaned up, and hazards get fixed.

Property owners and their insurance companies often argue that accidents were caused by obvious hazards that visitors should have seen and avoided.

The Importance of Acting Quickly

Florida’s statute of limitations gives you two years to file a slip and fall lawsuit, but waiting makes your case harder to prove. Evidence disappears, witness memories fade, and your injuries might seem less connected to the accident.

Getting Legal Help

Slip and fall cases involve complex property law and insurance issues. Experienced attorneys know how to investigate these cases, preserve evidence, and deal with insurance companies who try to minimize claims.

Lytal, Reiter, Smith, Ivey & Fronrath has successfully handled countless premises liability cases throughout Florida, helping injured victims recover the compensation they deserve.

Most personal injury attorneys offer free consultations and work on contingency fees, so you can get legal advice without upfront costs.

Your safety matters, and property owners should be held accountable when their negligence causes injuries.