You trip on a toy in a department store, slip on spilled water in a restaurant or fall over an uneven surface in a parking lot. These are all examples of situations where you may get compensation for your injuries.
Proving Liability for Your Injury in a Slip and Fall Accident
If you slip and fall on someone’s property, the owner or operator can be liable. You may slip in a business, on residential property, or on government-owned property.
The Duty a Property Owner Owes You
The duty a property owner owes you depends on the circumstances:
- The owner of a business owes you a duty not to create danger and to warn you of a threat the owner knows or should know about.
- A residential owner or landlord can be liable for failing to inform you of a known danger.
- The government can be liable if you fall on property owned or controlled by the government, such as in a public park.
Liability of a Business Owner for Your Injuries in a Slip and Fall Accident
The owner has a duty to keep his or her premises safe, a duty of care. What can cause a slip and fall in a business?
- You can slip on a piece of food or a spilled substance in a grocery store or restaurant.
- You can trip over merchandise in a department store.
- You can fall on steps because of a broken step or inadequate lighting.
For the owner to be liable, our attorneys must show the business had actual or constructive notice of the hazard. To prove constructive notice, we can show the condition was on the floor long enough that the owner should have known about it, or we can show the condition occurred with regularity.
Did you suffer injuries in a fall at a store or other business? Contact a slip and fall lawyer at the Law Offices of Anidjar & Levine for help.
Liability of a Residential Owner for Your Injuries in a Slip and Fall Accident
A residential owner can be liable in a slip and fall case:
- If you are visiting a friend who fails to warn you of a hazard, such as a large hole in the yard, your friend can be liable for your injury.
- If you are a social guest, and the owner fails to warn you of a broken step, the owner can be liable.
- If you are a tenant, your landlord can be liable for failing to notify you of a hazard.
Liability of the Government for Your Injuries in a Slip and Fall Accident
If you fall on government property, the government can be liable for your injuries. For example, you may fall over a broken step in a public park. Special rules apply to claims against the government. Your damages are limited to $200,000 against the government. Our attorneys can walk you through the process of filing a claim against the government.
Effect of Your Fault in a Slip and Fall Accident
In Florida, your fault, even if more than 50 percent, does not prevent you from recovering damages for your injuries. Your fault only reduces the amount of your recovery as per the state’s comparative negligence doctrine.
Gathering Evidence to Prove Liability in a Slip and Fall Case
What can our attorneys do to prove who is liable for your injury in a slip and fall accident?
- Our attorneys will visit the scene of your slip and fall accident and interview other customers and employees who were in the store when you fell.
- We will talk to the management employees about cleanup policies.
- We will check to see if a business surveillance camera captured the fall.
- If you fell on a step, we will investigate to see if the business complied with applicable building codes.
Did you suffer injuries in a fall in a store, restaurant, or other business? Contact a premises liability lawyer at the Law Offices of Anidjar & Levine for help.
Compensation You Can Recover for Your Injuries in a Slip and Fall Accident
Some injuries are common in slip and fall accidents:
- Head injuries: Your head may hit the floor or the ground when you fall.
- Back injuries: When you slip on a substance on the ground, you can twist and injure your back.
- Hip injuries: Hip injuries are common when someone, particularly an elderly person, slips and falls.
- Broken bones: You may try to break your fall with your hand, resulting in a broken wrist or arm. You may step in a hole and break your ankle or leg.
The compensation you can recover for your injury in a slip and fall accident includes the following:
- Medical expenses: You get compensation for your medical expenses, including the cost of any rehabilitation or physical therapy you need to recover from your injury.
- Lost wages: If your injury causes you to miss work, you get compensation for your lost wages.
- Lost earning capacity: You get the difference in what you earned before the slip and fall accident and what you can earn after the accident.
- Pain and suffering: You can recover for the pain you endured as a result of your injury.
An insurance company may contact you shortly after your slip and fall accident. Do not sign any release or settlement agreement without speaking to our attorneys. The insurance company is looking out for its interest, and you need someone to look out for your interest.
In Florida, you have four years to file a personal injury suit to recover for your injuries in a slip and fall case. Our attorneys will negotiate with the insurance company to reach a settlement that compensates you fairly for your injury. If we cannot reach a reasonable settlement, we can take your case to court.
If you suffered an injury in a fall on someone’s property, call a slip and fall lawyer in Jupiter, FL, at the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation.