Slip and fall accidents often occur when a property owner fails to properly maintain their premises. As a result, victims may trip, slip, or fall, often suffering injuries that require hospitalization and long-term medical care.
If you suffered injuries after a fall on someone else’s property, the attorneys at the Law Firm of Anidjar & Levine can help you recover compensation for your losses. We have helped countless slip and fall victims across South Florida and are ready to take on your case. Call 800-747-3733 to schedule a free consultation with a slip and fall injury lawyer in Port Charlotte.
How We Recover Compensation After a Slip and Fall Accident
To get you the compensation you need after a serious fall, we will file an insurance claim with the responsible party’s insurer. Generally, the responsible party is the property owner, along with business owners, managers, and other people responsible for maintenance and supervision on the property.
To back up our claim, we must establish that defendants were liable for injuries by proving the following key points under state premises liability laws.
You Were a Business Invitee, Licensee, or Social Guest.
Property owners have a duty to reasonably maintain their properties and make reasonable efforts to inspect the property for damages. Generally, they only owe this duty to people who are legally permitted to be on the property. This includes business invitees—such as store customers—licensees—like door-to-door salesmen—and social guests. If you were trespassing and the property owner was unaware of your presence, you may not be eligible for damages.
Your Injury Occurred Because of a Defect or Dangerous Condition.
The most important part of our case will rest on whether we can show that a dangerous property condition caused your injury. Common property hazards include:
- Loose gravel or other debris on the floor;
- Large items blocking an aisle at a store;
- Defective shelving;
- Spills and wet surfaces;
- Uneven steps or carpet;
- Icy sidewalks;
- Loose tiles; and
- Parking lot
In order to establish that the property hazard caused your injury, we will call in qualified experts to testify as to their opinions on causation. Generally, we will call in a scientific expert to talk about the mechanics of the accident. We will also call in medical experts to talk about injury causation. For example, a neurologist could talk about how the force of the fall can injure the victim’s brain. They may also talk about the severity of the victim’s head trauma and the long-term effects he or she may experience.
The Property Owner Knew or Should Have Known About the Defect and Failed To Fix It.
Our attorneys will complete a thorough investigation to find out whether the property owner had knowledge of the defect or should have known about it. Negligent property owners may fail to reasonably inspect their properties or fail to reasonably maintain the property. Inspection and maintenance logs will show any recent repairs to the property and whether the owner acted as a reasonable owner would.
The best way to prove that the owner knew of the defect is to talk to store employees, customers, witnesses, and other people who enter the property on a regular basis. If we find that one or more people had reported the defect prior to your accident, that may be solid evidence that the owner knew of the defect but failed to fix it.
Even if the owner did not know of the defect, we can often still hold them responsible for your injuries. If the defect was on the property for a significant amount of time and a reasonable inspection would have led its discovery, we may have enough to prove that they should have known about it.
If we have photos and videos from the scene, we may also be able to show the property owner failed to fix the hazard. Ideally, we will show that the defect was there prior to the accident and on the day of the accident.
What Damages May I Recover?
As a slip and fall accident victim, you may be struggling to recover physically and emotionally, as well as financially. You are eligible for damages to compensate you for your injuries and other fall-related losses.
Due to costly medical treatments and surgeries, slip and fall victims may find it difficult to pay their medical bills. The court may award damages for hospital stays, ambulance use, surgeries, medications, rehabilitation, and medical treatments.
Lost Wages and Loss of Earning Capacity
If you miss work because of your injuries, you may recover lost wages for the days you were unable to earn money. If you are unable to return to the same job after the accident, you may recover damages for your inability to earn as much as you did previously.
Pain and Suffering and Emotional Trauma
Slip and fall accidents do not just result in physical injuries. Many victims experience depression, PTSD, and other mental and emotional issues because of their accident. The court may award compensation for these non-economic damages.
What If I Contributed to My Own Injuries?
In many premises liability cases, the injured victim is partially responsible for their own injuries. For example, the injury victim may trip over loose carpet if they were looking at their phone instead of watching where they were going. The victim may be partially liable for their own injuries because they failed to pay attention while walking on the property.
However, even if you were partially responsible for your injuries, you may still recover partial damages. State comparative negligence laws will reduce your damages award based on your degree of fault. If you were 30 percent liable for the accident, for example, you would receive 70 percent of your damages.
Contact the Attorneys at the Law Firm of Anidjar & Levine Today for Help With Your Claim.
If you fell on someone else’s property, an attorney can help you hold the at-fault party responsible. The attorneys at the Law Firm of Anidjar & Levine are ready to get to work on your case. Let us make sure you have a chance to recover full compensation. Call at 800-747-3733 today.