An Experienced Florida Slip and Fall Attorney Explains How To Navigate Slip and Fall Claims Against a Business Establishment

November 15, 2023 – Adam Mann

An Experienced Florida Slip and Fall Attorney Explains How To Navigate Slip and Fall Claims Against a Business Establishment

Jack, a busy executive, single dad, and caretaker for his elderly parents, never expected to have a slip-and-fall accident as he went about his grocery shopping on a Saturday afternoon in his hometown of Hollywood. Despite his carefulness, he slipped on a freshly mopped floor in the cereal aisle, which lacked proper signage to warn patrons about the dangerous condition and to exercise caution on a slippery surface.

Because of the well-known store’s negligence, Jack sustained multiple injuries, including a broken ankle, sprained wrist, and several soft tissue injuries. This unfortunate incident created a series of hardships, including missed work, frequent doctor visits, multiple physical therapy sessions, a growing stack of medical bills for treatment not covered by health insurance, the expense of hiring a nanny for his kids, and the disappointment of having to cancel an upcoming trip to Disney World with his young boys. These life-altering consequences arose from the store’s failure to fulfill its duty of care.

Although this event took place in a supermarket, Florida slip-and-fall accidents can occur in many places such as hospitals, parking lots, sidewalks, concert venues, sports arenas, and even homes. With numerous potential hotspots, it’s no wonder that these incidents result in over 8 million hospital emergency room visits annually.

This blog from a knowledgeable and experienced Florida slip and fall attorney describes slip and fall injuries, delves into property owner liability under Florida law, examines the concept of comparative negligence in the state, and reveals strategies for proving a slip and fall case. Keep reading to gain valuable insights, then call us at (800) 332-6436 to schedule your FREE consultation.

Cohen & Cohen Law: the experience you need and the representation you can trust.

Florida Slip and Fall Injuries

As we mentioned, slip and fall accidents can occur anywhere, from homes to businesses. Hazardous conditions like wet floors, uneven surfaces, and poor lighting can cause serious injuries, including:

  • Broken bones
  • Head trauma
  • Spinal cord injuries
  • Soft tissue injuries
  • Sprains and strains
  • Hip fractures
  • Bruising and contusions

Whether the injured party suffers minor scrapes or long-term disabilities and chronic pain, holding the negligent property owner accountable for the slip and fall accident is crucial. Professional legal assistance from a slip-and-fall law firm can guide you through the process of a personal injury case, secure fair compensation, and allow you to focus on the healing process while they handle the legal aspects of your personal injury claim. Don’t underestimate the impact of seemingly insignificant injuries; they can inflict long-term consequences like emotional trauma, missed work, and lost wages. A Florida slip and fall attorney can listen to the details, inform you if you have a slip and fall case, and explore your legal options.

How Does Florida Law Hold Property Owners Liable?

A Florida property owner is legally required to maintain safe premises for visitors and guests. This responsibility entails conducting routine inspections, promptly addressing potential hazards, and using appropriate warning signs as needed. Failure to fulfill this duty may result in the property owner being held liable for any injuries or damages caused by a dangerous condition they left unattended.

To establish negligence in your slip and fall claim, your fall lawyer will consider the following scenarios and facts:

Damaged or uneven walking surface: If the owner knew or should have known about a significant crack, pothole, or other damage to the walking surface but failed to address and repair it, it can be grounds for a property owner’s negligence.

Failure to mark slippery substances: If an employee or the property owner knew or should have known that a slippery substance was on the floor but did not take proper action to mark it as a hazard with a wet floor sign or remove the substance, they can be deemed a negligent property owner.

Insufficient lighting: If the area where the accident occurred was poorly lit, making it difficult for you to see any potential danger, this can contribute to the owner’s negligence.

Failure to recognize or address hazards: If the owner had actual or constructive knowledge, but failed to recognize or address a hazardous condition before your accident, they may be held accountable for negligence.

Creation of a dangerous situation: If the owner, employee, or business knowingly created a dangerous situation that could cause harm, they can be deemed negligent.

These are not exhaustive examples. Fall lawyers can consider any similar circumstances that caused a slip and fall accident to establish negligence. If you wish to seek compensation after a fall on someone else’s property, consult an experienced fall accident attorney. They can help you obtain critical documents to support your claim and prove your case, including safety inspection logs and incident reports through a court subpoena.

Comparative Negligence in Florida: Understanding the New Standard

In a significant development effective March 24, 2023, Florida modified its approach to comparative negligence. Previously a “pure comparative negligence” state, Florida now follows a modified comparative negligence standard.

Under this new standard, if you are determined to be more than 50% at fault for your accident, you will be barred from recovering any damages. This change has critical implications for individuals seeking rightful compensation.

To navigate this complex landscape, find a Hollywood personal injury attorney who understands the most recent changes to the law and possesses a proven track record in handling slip and fall cases in Florida. The experience and skill of your representation can make the difference between securing a reasonable amount of compensation and walking away empty-handed.

What Must Be Proven in a Florida Slip and Fall Claim?

Securing fair compensation in slip and fall injury cases can pose challenges. For a winning case, you must establish the following fundamental points:

  • A business or property owner owed you a duty of care.
  • There were hazardous conditions on the premises or in the business.
  • The owner or manager of the establishment knew or should have known, about these dangerous conditions.
  • The hazardous conditions had the potential to cause injury, and the owner or employees should have been aware of this.
  • Your injury directly resulted from these hazardous conditions.

Proving negligence in slip and fall cases can be even more intricate than in car accident cases. Just like car accident cases, the outcome of slip and fall cases hinges on demonstrating liability using available evidence.

Unfortunately, many slip and fall cases fail because the injured party’s legal representatives cannot persuade a judge and jury in court that the business should have reasonably been aware of the dangerous condition. Even with conclusive evidence that the business caused the injury, if you don’t prove that they could have known about and fixed the hazard, you can still lose.

With Over 50 Years Of Serving Florida, Cohen & Cohen Law Is Here To Be The Experience You Need And The Representation You Can Trust After Your Fall Accident

Have you been searching online for a “slip and fall attorney in my area,” after sustaining an injury at a public place or private residence because of someone else’s negligence? At Cohen & Cohen Law, our experienced lawyers and professional legal team know the pain and trauma that accompanies a fall accident—from injuries that result in endless medical bills to the attempt to recover compensation from an insurance company that does not have your best interests in mind.

Founded in 1970, we’re a family-based firm with many satisfied clients and a mission to help the injured heal physically, financially and emotionally from devastating accidents through expert legal representation and compassionate care. Let us fight for your case. Schedule your FREE legal consultation today by calling us at (800) 332-6436, or completing our online form.

At Cohen & Cohen Law, our No Recovery, No Fee guarantee means you won’t pay us a dime if you don’t win any money.

Copyright © 2023. Cohen and Cohen Law. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Cohen and Cohen Law
4000 Hollywood Blvd penthouse 705s
Hollywood, FL 33021
(800) 332-6436
https://cohenandcohenlaw.com

Ask a Question, Describe Your Situation,
Request a Free Consultation

Contact Us Today For a Free Case Consultation

Contact Form - 2

Required Fields*

Your Information Is Safe With Us

Related Blog Posts