Slip and Fall
If you have been injured in a slip and fall accident that occurred on a business property, there are specific laws that clearly apply. To win a slip and fall case, the injured party must prove that the business had knowledge of a dangerous condition that existed and failed to remedy it. They must also prove that the business had actual notice of the dangerous condition which in your case precipitated your slip and fall resulting in your injuries.
Since 1974, Terrell Hogan has provided aggressive and knowledgeable legal counsel to slip and fall victims, helping them to understand Florida’s complex laws and protecting their rights to fair and just compensation. Under Florida law, an injured party of a slip and fall may seek to recover a wide range of economic and non-economic damages, including but not limited to: medical bills, lost wages, and pain and suffering.
Below is Florida’s slip and fall law, Statute 788.0755.
768.0755 Premises liability for transitory foreign substances in a business establishment.
(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.
(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
History. s. 1, ch. 2010- Statute of Limitations
Under Florida law 95.11(3)(6), the victim of a slip and fall has four years from the date of the accident to bring their personal injury claim. The law applies to all negligence personal injury lawsuits in Florida, including slip and fall cases.
Was There Comparative Negligence in Your Slip and Fall Case?
Comparative negligence is a legal concept where an injured party of a slip and fall actually shares some fault for the accident occurring. In these cases, the property owner and the injured party may have some shared responsibility for the accident. As an example, an individual might be running in a place of business where they should have been walking and slipped and fell by tripping over an object that shouldn’t have been placed in their path. In this scenario the business owner and the injured party have a shared responsibility for the accident.
Under Florida law, the injured party may still be able to collect a reduced compensation for the slip and fall, even though they were partially at fault for the accident.
Determining fault, when someone falls in a place of business can depend on numerous factors, including the specific circumstances surrounding the fall and Florida’s applicable laws involving slip and fall cases. Besides comparative negligence cases, several parties could potentially be at fault.
If you have fallen on a business’s premises, we have listed the possible responsible parties that could share some of the responsibility for your injuries.
Business or Property Owner: If the store owner or operator knowingly fails to maintain a safe environment, such as cleaning up spills, neglecting to repair hazards, or providing adequate warning signs, they may be held liable for your slip and fall.
Employees: If an employee’s actions directly caused an injury, the employee may bear responsibility.
Customer’s Actions: If a customer’s actions contributed to the fall, such as tripping or pushing an individual resulting in an injury, the responsibility might rest with that individual.
Personal, Comparative Negligence: If you are engaged in reckless behavior that directly caused the fall, such as running, disregarding warning signs, or some other action contributing to your own injuries, your negligence behavior could be a factor.
Determining fault usually involves a thorough investigation of the circumstances, collecting evidence, and assessing the applicable laws by an experienced and knowledgeable attorney. It is always advisable to consult with a legal professional, such as a personal injury attorney at Terrell Hogan who can evaluate your specific situation and provide you with the necessary legal guidance based on the laws in Florida.
What Should You Do if You Fall in a Business and Hurt Yourself
If you fall in a business and sustain an injury, it is important to take appropriate steps to protect your well-being and potentially seek compensation for your injuries. At Terrell Hogan, we have helped thousands of clients involved in personal injury cases receive fair and just compensation for their injuries.
If You Have Been Injured in a Slip and Fall Accident Follow These Simple Guidelines:
First, Seek Immediate Medical Attention: Your health and safety should be your number one priority. If you are seriously injured, call for immediate emergency medical assistance. If you are unable to do so, ask someone nearby to call 911. If you initially feel your injuries are minor, it is still a good idea to get evaluated by a healthcare professional. This will ensure there are no underlying medical issues associated with your fall. Many times, an injured party does not show symptoms of their injuries until days later, so it is always a good idea to get medically checked out as soon as possible.
Been Injured, Remember. Doctor First
Second, Report the Incident Immediately: Notify the store owner, manager or employee about the accident as soon as possible. Provide details on how the fall occurred and state what you believed caused the accident to happen. Ask for the incident to be documented in writing, emails, texts and photos taken and make sure to keep a copy for your attorney.
Document Any Evidence: If you can take photos or even a video of the area where you fell, it becomes evidence preserved. Be sure to include any hazards, obstructions or conditions that may have caused the accident. There might also be a video recording of the incident in the store or on the property, so look for any camera’s and ask if they are in use. If any witnesses were present, ask for their contact information and gather any statements they wish to make. All of these things will be valuable later if you seek any compensation for your injuries.
Preserve Physical Evidence: If you sustain any damage to your clothing or footwear, take photos of the items and do not discard them as they may serve as evidence later.
Obtaining Witness Statements: If witnesses were present, ask them if they would be willing to provide a verbal or written statement about what they saw. Their testimony will help to support your case if legal action becomes necessary.
Document Medical Treatment: Remember to keep detailed records of all medical treatments, doctor or hospital visits, prescription medications, and any expenses related to your injuries. Also, keep a detailed record of any days missed at work or monies lost because you were unable to work. If you have a reduced schedule or are required to be on light duties because of the nature of your injuries, this documentation will be crucial for establishing the extent of your damages.
Consult with a Qualified Personal Injury Attorney: If you sustain injuries, seek out the best legal advice from an experienced personal injury attorney who specializes in premises liability cases. They will help evaluate the strength of your case, guide you through the legal process, and advocate on your behalf for fair, monetary compensation. At Terrell Hogan we have numerous attorneys skilled in handling slip and fall cases.
Remember, every legal claim is unique, and the steps you take may vary depending upon the specific circumstances of your case. In Florida, a slip and fall victim has specific rights and responsibilities if their claim has merit and warrants compensation. Consulting with an experienced personal injury attorney at Terrell Hogan will provide you with aggressive and knowledgeable legal counsel. We will protect your rights to fair and just compensation. We have been doing just that for almost 50 years. Our personal injury consultations are always free and there are no cost or fees, unless we win money for you. Give us a call at 904-722-2228.
Representing The Injured as They Seek Justice. A Great Settlement, is No Accident.
At Terrell Hogan we have been assisting slip and fall victims since 1974. Our arsenal of experienced trial attorney’s handle every type of personal injury case that can befall an innocent party.
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