How to Successfully Pursue a Slip and Fall Case

If you want to know how to successfully pursue a slip and fall case, you first need to know the basics of premises liability. 

In law, premises liability says that owners of a property are liable (i.e., responsible) for injuries that occur on that property, so long as the injury was caused by preventable circumstances and/or unsafe conditions. 

You must also be able to prove that your injury was caused by the slip and fall accident in question, and that the owner is liable for that injury due to their own negligence. It’s a high bar, but very possible to prove with the right evidence and a qualified slip and fall practice lawyer by your side. 

Read on to learn more about winning a slip and fall case, including the key to proving negligence in slip and fall accidents. 

First Steps to Take After a Slip and Fall Injury

Here in Florida, the statute of limitations for slip and fall injuries is just two (2) years from the date of injury. Take action right away if you believe you may be entitled to compensation, starting with these necessary first steps. 

• Seek Medical Attention: Seeing a doctor for a comprehensive examination after your accident is a must, regardless of how badly you think you were injured, both for your own health and to create a paper trail linking the injury to the specific slip and fall incident.
• Notify the Owner: Premises liability applies to private residence owners as well as the owners of office buildings, apartment buildings, commercial establishments, municipality-run parks, etc. Notify the appropriate party of your injuries to establish a record of your complaint and make everyone aware of the issue at hand. 
• Gather Evidence: This includes photos, videos, and medical records, as well as witness statements and expert testimonies. 
• Contact a Lawyer: A premises liability lawyer is your best defense in a slip and fall case, and many will review your claim at no cost to determine whether or not you have a strong case for compensation. 

Proving Negligence in Slip and Fall Accidents

There are two things you must do to win a slip and fall case:

1. Prove that the injury or injuries are from the particular slip and fall instance
2. Prove that the injury or injuries were directly caused by the owner’s negligence

Proving negligence in slip and fall cases comes down to showing that the owner was aware of the issue and failed to fix it. This speaks to the owner’s duty of care, which in premises liability is the duty to provide a reasonably safe environment for people who visit. If this duty was breached – either by creating an unsafe condition or failing to resolve an existing one – the property owner is likely to be found liable for damages. 

How to File a Slip and Fall Lawsuit

Many slip and fall cases do not go to court. Instead, your attorney will make an effort to get you a fair settlement by sending a demand letter to the liable party outlining the damages and requesting compensation. Requests for compensation can be sent to property owners or their insurance companies, depending on the specifics of the claim. 

Benefits of settling out of court include fewer fees and a chance to avoid the time and stress of a trial. People usually want to settle slip and fall claims quickly, so you could receive proper compensation much sooner than you would otherwise. 

Of course, if a settlement isn’t reached, a formal complaint can be filed by your attorney. This will take the case to trial, where both parties will have the opportunity to present evidence showing the property owner’s negligence (or lack thereof). 

Many premises liability attorneys, including our team at Gordon & Partners, work on a contingency fee basis, meaning you won’t owe your lawyer anything until you win a Settlement, Award, or Verdict. That significantly lowers the risk associated with filing a slip and fall lawsuit, since you won’t be on the hook for payments if you don’t win. 

Talk to a Qualified Florida Attorney About Your Case

Our premises liability lawyers know how to win a slip and fall case in Florida. If you were injured in a slip and fall accident, contact us to discuss the specifics of your claim and how much it may be worth. Your consultation is free, with absolutely no obligation. Call or fill out a contact form today to learn more.