Orlando Slip and Fall Attorneys
Tampa | Kissimmee | Poinciana | Bradenton | Davenport
Slip and fall accidents are especially problematic–they can happen to anyone, anywhere, at any time. These types of accidents can embarrass us. You may feel that you are not seriously injured, or that you are at fault. Although you may want to move on quickly (adrenaline overload!) and put it all behind you–that is precisely what you should not do.
In this page, we cover the steps you should take if you have had a slip and fall accident.
According to the National Floor Safety Institute:
- More women than men suffer a slip-and-fall accident. According to the Bureau of Labor Statistics, falls accounted for 5% of the job-related fatalities for women compared to 11% for men. Over eight million emergency room visits are attributable to slip and fall accidents—making this the leading cause of ER visits. Nationwide, these types of incidents account for over one million visits annually.
- Slip and fall accidents are a primary cause of lost workdays. According to the Industrial Safety & Occupational Health Markets report, workers’ comp claims comprise 85% of reported accidents involving slipping on slick floors. Over 22% of slip/fall incidents resulted in more than 31 days off from work. Consequently, people who fall typically suffer fractures or other severe injuries.
- Hip fractures, back injuries, spinal cord injuries, and brain injuries are just some of the damages associated with slip and fall accidents, leading to significant health issues and deaths.
- Although occupational fatalities are on the decline due to more stringent safety measures mandated, slip and fall incidents still occur in virtually all service and manufacturing sectors. The highest rate of fatal falls continues to appear in mining, construction, trucking, and specific maintenance (elevation) activities.
Here are the most common areas where slip and fall accidents occur:
- Elevator/escalator accidents
- Equipment malfunctions
- Improper or poor lighting
- Loose mats in entryways
- Wet floors with no signs
Public places, such as the gym, shopping malls, grocery stores, restaurants, hotels, movie theaters, apartment complexes, and office buildings, all have a legal duty to ensure that their premises and persons on their premises are safe from harm.
After an Orlando slip and fall accident
What you should do:
- Ask for a manager; file an incident report; get a copy.
- Get the contact information of any witnesses.
- Get immediate medical attention if necessary.
- Take pictures (if you have a cell phone)
Florida slip and fall laws
Florida’s slip and fall laws are partially created by the courts through case law and partially created by the legislature: Florida Revised Statutes 768.0755. According to the statute, to prevail in a slip and fall lawsuit, the injured party must show that the business failed to resolve a dangerous condition and that the business was aware of the hazardous situation, having actual or constructive notice. Under Florida law, the injured party is allowed compensation for economic and non-economic damages, including lost work, medical bills, and pain and suffering.
Winning a lawsuit in Orlando can be challenging. Florida is one of many states with detailed written requirements stating what an injured party in a slip and fall suit is required to prove. Proving a violation of duty of care is the challenge–the injured party must prove the injuries were caused by negligence on the business or owner’s part, where the injury occurred. If you are injured in a slip and fall accident in Florida, you need to know:
- If you have a case
- What laws apply
- What you can expect to win
Florida law regarding slip and fall injuries can get very complex, whether on the job or from a wet floor, a loose mat in a hotel, bar, grocery store, or shopping mall.
Personal injury attorneys Pardy & Rodriguez, P.A. are here to help. We have the resources and over one hundred years collectively of experience in slip and fall accidents, as well as other areas of personal injury law.
What we do to build your case to prove the defendant was negligent so we can litigate your case successfully:
- Gather and preserve evidence, and document the damages
- Identify defendants and procure insurance coverage.
- Deal directly with the insurance company
- Stay apprised of your medical care.
Requirements of the Injured party in a Florida slip and fall case
Under Florida’s slip and fall laws, we will seek prove the following:
- The fall did not occur on your property.
- You slipped on someone else’s property on a substance that created a hazardous condition.
- The property owner had actual or of the hazardous condition or that the hazardous situation existed for a long enough period that the owner should have found it and did not make the necessary repairs. Or that the dangerous condition occurred repeatedly, and the property owner should have known about it for that reason.
- We may also demonstrate that the property owner knew about the hazardous conditions and had ample time to make the necessary repairs.
Florida’s Slip and Fall Common Laws
Because no written law can ever encompass every possible scenario, it is necessary to keep Florida’s common law in mind when evaluating a case. Common laws are created by judges as various issues arise during real cases, adding details to the law, i.e., what types of damages may be recovered in a slip and fall case. The attorneys at Pardy & Rodriguez, P.A. are knowledgeable in these common laws and are prepared to use them in your defense.
Florida Statute of Limitations
Florida law 95.11(3)(6) states that the injured party to all negligence personal injury claims has four years from the date of the occurrence to bring their claim.
The comparative negligence law that applies in Florida’s slip and fall cases is Florida law 768.81. Comparative negligence states that both the plaintiff and the defendant may equally share responsibility for the accident. For example, say there is an obstruction in a walkway that is visible but not marked. While the property owner may have been negligent in marking or repairing it, you may be equally liable for not taking any measures or precautions to avoid it. However, the law still allows injured parties to recover some compensation, even if you are partially at fault.
Filing a lawsuit in Florida
The injured party must initiate a summons and complaint; we file the claim on your behalf, presenting the facts of the case and that the case is based on Florida’s personal injury negligence laws. We will file the lawsuit in the appropriate court by the deadline.
Contact Our Orlando Slip and Fall Law Attorneys
Injuries can devastate your life; do not let this happen to you and your family. Although a slip and fall accident is complex, you deserve justice. If you have been injured in such an accident at work and suffered injuries or have lost a beloved one in a fatal worker’s comp accident, you need Orlando slip and fall attorneys Pardy & Rodriguez, P.A. by your side every step of the way.
The Orlando slip and fall attorneys, Pardy & Rodriguez, P.A., is a legal team that can help you understand Florida’s complex laws, what you are entitled to, and how they are going to represent you when you have been injured in a slip and fall accident. Our team has extensive experience in understanding the statutory laws and common laws applicable to the case. We help you determine what is needed to prove to win your case. Then, we will help you take action. Our team can handle all of the necessary steps on your behalf to ensure that you receive fair compensation for your claim.
Slip & Fall Accidents FAQ
- Are witnesses important in a Florida slip and fall case?
- Can I recover from a Florida store for injuries sustained when I slipped on a spilled liquid and fell?
- Can my recovery be partially reduced if I am found to be partially at fault for my slip and fall injuries in Florida?
- Do I have to talk to the other partys insurance adjuster if I was injured in a Florida slip and fall?
- How is a Florida property or business owners liability determined?
- I fell at a Florida business and the manager wants me to fill out some paperwork known as an incident report what should I do?
- Is the owner of a Florida business or other premises legally responsible for injuries sustained in a slip and fall accident?
- Should I give a statement to the Florida property or business owners insurance company if I was injured in a slip and fall?
- Should I report my injury to the property manager if I was injured in a slip and fall?
- Should I seek medical treatment if I was injured in a slip and fall?
- Should I take any photographs if I was injured in a slip and fall?
- What are the common causes of slip and fall accidents?
- What duties do business owners have to have regarding security cameras?
- What duties does a property owner owe to me in Florida?
- What is a negligent security claim?
- What should I do if an insurance company approached me about my slip and fall injuries?
- When should I consult with a personal injury attorney following a Florida slip and fall?
- Who can be sued in a Florida slip and fall case?
- Who pays my lost wages if I am injured in Florida a slip and fall accident?
- Who will pay for my injuries in a Florida slip and fall case?
Los abogados de resbalones y caídas en Orlando de Pardy & Rodriguez, PA hablan español y si desea ver esta página en español, haga clic aquí.