West Palm Beach Slip and Fall Attorney
A slip and fall injury is an unfortunate occurrence that is too often caused by conditions that could have been prevented. Liability for a slip and fall accident is often attributed to a property owner, though you may require an attorney to help establish who is at fault for your injury.
If you have fallen on someone else’s property, be it a private residence or a public location, we urge you to seek help from our West Palm Beach slip and fall lawyers as soon as possible.
Contact us today and let us assist you in recovering compensation for your medical bills, lost wages, and pain and suffering. Our team of skilled personal injury attorneys has an impressive track record of helping our clients achieve successful verdicts and settlements in slip and fall lawsuits. We are confident that we can help you, too.
Types of Slip and Fall Accidents and Injuries
Water, debris, and uneven or damaged walkways can all lead to a slip or fall. Determining the type of slip and fall accident you experienced can help identify who should be held liable for your injuries, which can often be serious.
Most slip and fall injuries can be categorized into the following types of accidents:
- Trip and Fall – a foreign object in your path caused the fall
- Step and Fall – there was an unexpected hole or other issue with the walkway
- Slip and Fall – a wet or slick walkway caused you to lose your footing
Common slip and fall injuries that can result from these accidents include:
- Broken bones, including hips and pelvis
- Torn ligaments and tendons
Some of these injuries can be permanent and take a significant toll on the victim’s quality of life. In such cases, seeking legal representation from a skilled slip and fall lawyer becomes even more crucial.
Following these steps and acquiring the above-mentioned information is vital for helping your lawyer prepare a strong case in your favor. The West Palm Beach slip and fall attorneys at Gordon & Partners are here to help with all your legal needs to ensure you receive the justice and compensation you deserve.
Contact an experienced attorney today by calling 1 (855) 722-2552.
Common Places for Slip and Fall Accidents
Slip and fall accidents can occur in various places, but some locations are more prone to these accidents due to factors like wet floors, uneven surfaces, inadequate lighting, or clutter. The seven most common places where you can slip, fall, and sustain an injury are:
- Retail Stores: Retail stores often have slippery floors due to spilled liquids, rainwater, or polished surfaces. Shoppers may also trip over displays or merchandise left in walkways.
- Grocery Stores: Spilled liquids or dropped food items can make grocery store floors hazardous. Carts and baskets left in aisles can also be tripping hazards.
- Restaurants and Bars: These establishments frequently have wet or greasy floors in kitchens, dining areas, or restrooms. Patrons may also trip on uneven flooring, loose carpets, or cables.
- Workplaces: Office buildings, construction sites, and industrial facilities can have various hazards like wet floors, debris, loose cables, and uneven terrain that contribute to slip and fall accidents.
- Sidewalks and Parking Lots: Uneven pavement, cracked sidewalks, potholes, etc. can lead to slip and fall accidents outside of businesses.
- Stairs and Ramps: Any location with broken stairs, ramps, or elevated surfaces can be prone to accidents if not properly maintained or lit.
- Hospitals and Nursing Homes: These facilities may have slippery floors, and patients or visitors can be at risk due to the presence of medical equipment, cords, or clutter.
It’s important to note that slip and fall accidents can happen anywhere, and property owners and managers have a responsibility to maintain safe premises and minimize these risks. If you’ve been injured in a slip and fall accident in Florida, it’s important to consult with a skilled West Palm Beach slip and fall lawyer at Gordon & Partners to understand your rights and potential compensation options. Our legal experts dedicate their practice to defending the rights of the injured.
What Should I Do After a Slip and Fall Accident?
If you have experienced a slip and fall injury, our West Palm Beach slip and fall lawyers advise you to take the following precautions:
- Seek medical treatment. Immediately following your accident, seek medical care for any injuries you sustained. Be sure to keep all medical records pertaining to the accident and the treatments you received. You should also photograph your injury and record any changes in your condition.
- Report the incident. After seeking medical treatment, report your slip and fall accident to the owner of the property. If your accident occurred at a business where an incident report was filed, ask for a copy of the report for your records.
- Take photos and collect information. As soon as possible, take photos of the area where your accident occurred. It is important to obtain pictures of the area before the owner corrects the hazard that caused you to fall. Also, it is important to collect contact information from anyone who may have witnessed your fall.
- Keep records. If your injury caused you to miss work, keep a record of the dates and times you were absent, be it from pain and suffering, or a scheduled doctor’s appointment.
Following these steps and acquiring the above-mentioned information is vital for helping your lawyer prepare a strong case in your favor. The West Palm Beach personal injury attorneys at Gordon & Partners are here to help with all your legal needs to ensure you receive the justice and compensation you deserve.
Contact a Florida slip and fall lawyer today by calling 1 (855) 722-2552.
Who Is Liable for Your Slip and Fall?
Under the law, owners of both public and private properties must keep their properties safe, well-maintained, and secured. The condition of the property at the time of your accident will likely determine if the owner can be held accountable for causing your slip and fall injury.
For example, if your injury resulted from broken steps, loose stair handrails, a cracked sidewalk, or a walkway that was not properly cleared of snow or ice, liability may be placed on the owner of the property.
If the condition of the property included permanent or long-standing hazards, such as broken concrete sidewalks that were never repaired or deep potholes in a parking lot that were never filled, the owner of the property can likely be held responsible for your injury.
Additionally, if a property included temporary hazards, such as an icy walkway or a recently mopped lobby with no caution signs present, the owner can also be deemed liable for causing your slip and fall injuries, provided they had sufficient time to learn of the situation and eliminate the hazard.
Ultimately, there are numerous factors to consider when determining who is at fault for your slip and fall injury. This is why it is important to reach out to a trusted legal professional following your accident.
At Gordon & Partners, our slip and fall attorneys have more than 200 years of experience handling personal injury cases just like yours. We have the knowledge and resources necessary to determine who is at fault for your injuries and ensure you receive the financial compensation you deserve.
How Do You Prove Negligence in a Slip and Fall Accident Claim?
We’ve already mentioned above, that in order to prove someone’s negligence for your slip and fall accident injury, it is critical to gather evidence, collect witness information (if possible), as well as keep medical records of your injuries.
But how exactly is negligence proven?
To prove negligence in a Florida slip and fall accident typically involves demonstrating that the property owner or occupier failed to take reasonable care to prevent the accident and resulting injuries. To establish negligence, you generally need to show the following elements:
- Duty of care: You must establish that the property owner or occupier owed you a duty of care. In other words, they are required to keep their premises safe for visitors, licensees, and even trespassers, or at least warn of any existing potential hazards. As a simple example here, if the floors in a store have been mopped and they are slippery, a “slippery when wet” sign should be visible to everyone in that particular area.
- Breach of duty: You must demonstrate that the property owner or occupier breached their duty of care. This means showing that they did not take reasonable measures to maintain the premises in a safe condition or warn about any potential hazards. Common breaches in slip and fall cases include failing to clean up spills, repair defects, provide adequate lighting, or warn visitors of hazards. Going back to the example above, if in a store the floors have been mopped, they are slippery, and a sign pointing out the hazard hasn’t been placed at that particular location, that is a clear breach of duty.
- Causation: You need to prove that the breach of duty was the direct cause of your slip and fall accident. This involves establishing a clear link between the property owner’s negligence and your injuries. Returning to our example, if you slipped and fell in a store on freshly mopped floors, you need to present evidence that these were the circumstances that caused you to sustain an injury and not others. Witnesses, security cameras, and photos taken at the scene should be able to back you up on this.
- Damages: Finally, you must provide evidence of actual damages or injuries resulting from the slip and fall. This can include medical records, bills, lost wages, pain and suffering, and other relevant costs.
It’s important to note here, that the State of Florida has a specific statute for liability regarding transitory foreign substances in business establishments. It is covered by Florida Statutes 768.0755. It generally states that if you slip and fall on a transitory foreign substance on business premises, you must prove that they had knowledge of the hazard, and the condition occurred with regularity deeming it forseeable.
Proving negligence in a slip and fall claim can be complex, and the outcome often depends on the specific facts and circumstances of each case. An experienced slip and fall lawyer can provide valuable assistance in building a strong case and pursuing compensation for your injuries.
Florida’s Comparative Negligence Rule
The State of Florida adheres to the comparative negligence rule. Essentially, this rule states that if the plaintiff was also negligent up to some extent, and their negligence also contributed to their injuries, their damages are reduced by their allotted negligence. In other words, if the jury finds the plaintiff 20% at fault, while the defendant’s fault is 80%, the plaintiff may only recover 80% from the final settlement.
It’s important to note, that until March 2023, the State of Florida functioned under the pure comparative negligence rule. This rule allowed an injured party to seek damages even if they were mostly responsible for their injuries. For example, if you sustained injuries in a slip and fall accident and were 80% at fault for the accident that caused you the injuries, you could still recover 20% of your damages.
However, starting with March 24, 2023, an amendment was made to section 768.81, Florida Statutes, shifting the state’s approach to comparative negligence from pure comparative negligence to a modified comparative negligence standard. The following subsection was added to the statute:
Greater Percentage of Fault. – In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.
This essentially means that if a plaintiff is found to bear more than 50% of fault for their injuries, they cannot recover damages. This applies to all negligence actions, excluded being only medical malpractice.
How Long After a Slip and Fall Can You Sue?
Prior to March 2023, individuals with personal injury claims had a four-year window from the date of their injury to file a lawsuit against any other party they held responsible for the incident. However, on March 24, 2023, the House Bill (HB) 837, Civil Remedies, was signed by Governor Ron DeSantis. According to this bill, if an individual suspects that they have suffered harm as a result of the negligent conduct of another person, entity, or business, they must initiate their civil court lawsuit within a strict two-year period beginning from the date of the injury. Failure to file the lawsuit within this designated timeframe is highly likely to result in the case being dismissed and the inability to obtain any form of compensation.
The statute of limitations for premises liability cases was also affected by this change. Thus, if you sustained an injury in a slip and fall accident due to a property owner’s negligence, you have two years from the date of the accident, to file your slip and fall claim.
These being said, if you were injured in a slip and fall, you should act quickly. Contact an experienced slip and fall lawyer at Gordon & Partners, to make sure you won’t miss any deadlines relating to your slip and fall lawsuit or claim.
Complete a Free Case Evaluation form to discuss your slip and fall claim with a legal representative today!
Contact Our West Palm Beach Slip and Fall Attorneys Today
A slip and fall injury can have a devastating impact on your health, quality of life, and financial stability. At Gordon & Partners, our team of experienced West Palm Beach slip and fall attorneys want to help you recover your well-being, vitality, and financial security.
If the property owner or another party is responsible for causing your slip and fall injury, you may be able to recover compensation for any costs you have incurred due to your injury. Damages that may be recoverable include past medical bills, anticipated medical costs for continuing treatment, lost wages, and pain and suffering.
Don’t delay in seeking help from a qualified slip and fall attorney. At Gordon & Partners, our skilled lawyers will fight for your rights by establishing the property owner’s liability and helping you collect the maximum amount of compensation allowed by law.
Contact our West Palm Beach slip and fall attorneys today to discuss the details of your claim.
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