Premises liability or “slip and fall” accidents are common in Florida. Wherever there are millions of people going about their lives, patronizing shops and restaurants, accidents are bound to happen.
If you fell on someone else’s property and you are not sure why you fell, that is not uncommon and does not mean that you are not entitled to compensation for the damages you have suffered. To make sure your rights are protected, you need to call a personal injury law firm that has experience litigating and dealing with the challenges that slip and fall cases bring. LeavenLaw is exactly that personal injury law firm.
Who is Liable in a Slip & Fall Accident?
Typically, in a slip and fall accident, the negligent party liable for your damages is the owner of the property. In some circumstances, the business that is operating in the property may also be negligent and therefore liable for the dangerous condition that caused you damage. In the end, it is the person or entity responsible for the creation and maintenance of the property that is likely the responsible party.
Finally, it is important to understand that the property or business owner is almost assuredly going to blame you (at least in part) for causing the damages from your slip and fall accident. When you, the injured person, are accused of being negligent in your slip and fall, that concept is called “comparative negligence” in the state of Florida.
Comparative Negligence is a legal concept or affirmative defense that the defendant in a lawsuit must assert, stating that your negligence, at least in part, contributed to the slip and fall and damages.
Admittedly, comparative negligence is a challenge in slip and fall cases. Typically, property and business owners sued in a slip and fall lawsuit will claim that the alleged dangerous condition was “open and obvious” and as such, was clearly visible. Therefore, if you slipped and fell when you saw the condition, it is your fault (at least in part) and therefore you should be prohibited from recovering damages (or at least have any damages you may receive reduced commensurate with your own negligence).
Alternatively, if the dangerous condition that caused your slip and fall accident was not open and obvious, but to the contrary, was hidden, well then how could the property or business owner have known about the condition?!? And without knowing about the allegedly dangerous condition, how could they have breached their duty to you?
As you can see, slip and fall accidents can be complicated. As such, you want to make sure you have experienced slip and fall attorneys, like LeavenLaw, to help you with your case.
Examples of Dangerous Conditions
Examples of dangerous or hazardous conditions that are often the cause of slip and fall accidents include but are not limited to:
- Uneven stairs
- Stairs without railings
- Puddle or liquid
- Slippery floors
- Uneven pavement
- Debris on floor
- Unsecured carpets
- Bad lighting
- Construction not to code
The above conditions may be the cause of the slip and fall accident and the result of the property or business owner’s negligence, but your ability to recover in the long run will be dependent on many factors. As such, it is important that you contact an experienced Florida slip and fall attorney to discuss your possible case.
Types of Injuries in a Slip & Fall Accident
Slip and fall accidents can lead to a range of injuries, ranging from small to devastating. And the severity of your injury is not always going to correlate with the type of fall you have—for example, slipping in a puddle in a store could lead to a sprained wrist or a broken bone.
Common injuries in a slip and fall accident include:
- Broken or fracture bones
- Sprained muscles or ligaments
- Twisted ankles or knees
What Types of Damages are Typically Available in a Slip & Fall Accident?
Damages that result from slip and fall or other premises liability cases include but are not limited to:
- Pain and suffering
- Loss of consortium
- Lost wages
- Lost income earning potential
- Medical bills
- Living assistance / Home Health Care
- Rehabilitation costs
If you have slipped, fallen and been damaged as a result, it is important that you begin to keep track of all expenses and other damages that you have sustained as a result of the fall. Take good notes. Keep receipts. Keep a journal of how you feel each day as a result of the life complications caused by your slip and fall accident. Then call LeavenLaw and one of its slip and fall attorneys to schedule a free consultation to assist you.
What Defenses are Available in Slip and Fall accidents?
Most property owners or business operators, when faced with a slip and fall lawsuit, will invariably say two things:
There are no dangerous conditions on my property, and/or
Your fall and resulting injuries were caused by you, not me.
These two defenses make slip and fall accident cases particularly hard to litigate. As a result, if you have slipped and fallen and been injured as a result, you need experienced Florida slip and fall attorneys to assist you. At LeavenLaw, its personal injury attorneys have litigated may slip and fall cases, from clients who have fallen down faulty, defectively built stairs, to clients who were accidentally pulled down in a grocery store, to pedestrians invited to large outdoor festivals and injured by the negligence of event volunteers — all are tough cases and all bring with them unique challenges.
Don’t make a mistake and hire inexperienced slip and fall attorneys. LeavenLaw’s AV-rated civil trial litigators are here to help you with your Florida slip and fall injury case.
Contact a St. Petersburg Slip and Fall Lawyer
LeavenLaw’s slip and fall attorneys offer you a free consultation to discuss the details of your potential case. After your initial consultation, if LeavenLaw decides to take your case (and you feel comfortable with LeavenLaw as your slip and fall attorney) you will not have to pay any up-front attorney fees or costs. LeavenLaw handles slip and fall cases on a contingency fee basis, meaning we will deduct our attorneys’ fees and costs from any eventual settlement or judgment we obtain on your behalf against the parties that caused you harm. If we do not prevail, you owe us nothing.
Slip and falls accident cases can be complicated and in some cases, tough to prove, so you want to make sure that you have a personal injury attorney with experience in litigation and prevailing on slip and fall claims. LeavenLaw is just that — an experienced slip and fall personal injury law firm. If you have been injured in a slip and fall accident, contact the AV-rated civil trial attorneys at LeavenLaw (in St. Petersburg) at (727) 327-3328 or (statewide) 1-855-LeavenLaw (532-8365). Alternatively, you can always submit an inquiry online to schedule a free consultation to discuss your slip and fall accident case. If needed, one of LeavenLaw’s slip and fall lawyers can come to you to discuss your claims. We will look forward to talking to you soon.
St. Petersburg Slip and Fall Accident Office
3900 First Street North, #100
St. Petersburg, FL 33703
Contact us at (727) 327-3328 to discuss your slip and fall case today! Or email us through our online contact form!