Slip and fall accidents are prevalent. They can happen in educational institutions, malls, apartment buildings, workplaces, or streets. Under premises liability law, property owners can be held accountable for the injuries guests suffer on their property because they failed to maintain a safe environment.
If you suffered injuries in a slip and fall accident on a commercial or residential property, you might be eligible to file a lawsuit and seek compensation for your pain, suffering, and losses. These cases are complicated, so victims need an experienced slip and fall lawyer in Jupiter, Florida.
At Steinberg Law, our attorneys are ready to provide the best legal counsel and representation in your pursuit of justice. Call us today at 877-783-4611 to schedule a free, no-obligation consultation with a Jupiter personal injury lawyer and learn more about how we can help.
What Are the Most Common Slip and Fall Accidents?
Slip and fall accidents are often trivialized, but they account for a significant number of visits to the emergency room. They might result in severe, life-changing injuries like a traumatic brain injury or spinal cord injury. Moreover, proving that another party is liable for the accident poses challenges.
Claimants must prove that the property owner or occupier behaved negligently by not fixing a safety hazard and not properly warning visitors. They also must present adequate evidence to show the cause of their accident.
The most common issues associated with slip and fall accidents include:
- Improper structural engineering and maintenance lead to chipped tiles, potholes, insecure stairs, torn carpeting, cracked sidewalks, or uneven surfaces.
- Poor lighting creates insufficient visibility in hallways, walkways, and other spaces that experience substantial foot traffic.
- Tree branches, loose rubble, or other debris make people trip, slip, and fall.
- Failure to erect warning signs or restrict access to dangerous areas puts visitors at risk.
- Poor maintenance can cause malfunctioning escalators or insecure handrails.
- Spills or wet floors in places like restaurants, hospitals, stores, and nursing homes pose slip and fall risks.
- Failing to install anti-slip measures, gutters, and storm drains contributes to accidents.
- It’s dangerous for property owners not to clean after snow, ice, or heavy rain.
How Can a Jupiter Slip And Fall Attorney Help Me With My Case?
Your Jupiter slip and fall lawyer will investigate the accident to determine whether the property manager knew or should have known of the existing hazardous condition but did not take the required safety measures.
Furthermore, the lawyer will also prove that you did not know of the peril that led to the slip and fall incident.
We will help your case by:
- Investigating and gathering crucial evidence
- Contacting witnesses to get their account of the incident
- Compiling all the facts and assessing them to determine your slip and fall claim’s worth
- Negotiating with the defendant’s insurance company or lawyer(s) for a settlement.
- Taking your case to court if negotiations are unsuccessful.
What Steps Can Be Taken to Help a Slip and Fall Case?
You can be your best advocate by gathering evidence of what happened. As the claimant, you will have a robust case if you take the following measures immediately after slipping and falling on commercial or residential property.
Document the incident by taking pictures and short videos using your mobile phone, noting vital details that help prove liability. Be sure to take all the photos and videos you can immediately after the accident, making sure you capture the specific hazard that caused it.
Report the Incident to a Manager
Notify the relevant authorities about the accident. It can be the property manager for your apartment building, the owner of a home you visited, or the manager of a retail store.
Collect Witness Contacts
Speak with potential witnesses, asking them to share their names and numbers. Inquire if they will be willing to testify if called upon. Their statements regarding what happened can bolster your claim and improve your chances of getting full compensation.
Seek Immediate Medical Attention
Do not assume your slip and fall injuries are minor because they are seemingly painless or not bleeding. It is best to see a doctor for a comprehensive health diagnosis and rule out or treat potential life-threatening injuries. Medical records are important for proving the cause and extent of your injuries.
See the Problem Is Addressed
If possible, make sure the hazard that led to the accident is addressed as soon as possible, to prevent future injuries. However, you only have to do this once you have evidence that proves the existence of the hazardous condition in the first place.
How Can a Slip and Fall Accident Be Proven?
Proving liability or fault in a slip and fall accident case can be challenging. You have to provide clear evidence that the property owner was negligent in their actions. You generally have to prove the following elements.
- A hazardous condition existed on the property.
- The property manager, owner, or caretaker knew or should have known about the hazardous condition if they were taking care of the property.
- Because there were no warning signs, you were unaware of the potential danger.
- You were injured because of the safety hazard.
Florida is a pure comparative negligence state. This means that you could still recover compensation if you share some fault for the accident, even if your share of fault is 50% or more.
However, the recovered damages or compensation is reduced in proportion to your degree of blame. So if you are 30% at fault and the damages are $10,000, you could recover $7,000 (70%).
How Is Liability Determined in a Florida Slip and Fall Case?
Slip and fall cases are usually governed under premises liability law. Property owners in Florida have the legal responsibility to maintain their property properly. They can be held liable if they are found negligent by allowing hazards to exist.
Every slip and fall case is based on these questions to establish who’s liable:
- Did you have valid reasons for being on the premises where the accident happened?
- Could another person, with reasonable caution, have noticed the danger and avoided it, if they were in the same situation?
- Were any warning signs located in a visible spot for people to notice them easily?
- Might you have been inattentive or distracted, thus failing to see the warning signs or the danger?
How Much Is My Slip and Fall Case Worth?
Every slip and fall accident is different, meaning it can be difficult to tell just how much your case is worth without a full case review. A variety of factors will affect the actual amount of compensation.
Some of the things that will likely affect your case worth include:
- The percentage of fault the property owner had in the accident.
- How much wages or income you lost as a result of the accident.
- The extent of your injuries.
- The extent of your pain and suffering.
- The treatment you need to address your injuries.
- Whether you suffered any temporary or permanent disability.
Depending on the severity of your injuries, your financial losses, and other factors, you could claim compensation for damages such as:
- Present and future medical expenses
- Lost income
- Physical pain
- Emotional distress
- Reduced quality of life
- Cost of modifications to your home to accommodate a disability.
Are There Any Time Limits For Filing a Slip and Fall Lawsuit?
According to Florida Statutes section 95.11(3)(a), victims of slip and fall accidents have four years from the date of the incident to file a claim. However, the deadline can change depending on factors like:
- A government entity is to blame for the accident.
- The victim’s health and other post-accident circumstances, such as mental incapacity or not residing in Florida.
Your lawyer will consider these circumstances and advise you on the best steps to take to ensure you do not void your chance of pursuing compensation because of failing to meet the stipulated deadline for filing your claim.
Get in Touch With a Slip and Fall Lawyer in Jupiter, FL Today!
Did you or a loved one slip and fall on someone else’s property? You might be eligible for compensation for your injuries, medical expenses, and pain and suffering.
At Steinberg Law, our lawyers have extensive experience handling slip and fall cases, as well as other personal injury claims. We will thoroughly investigate your claim and collect all evidence of negligence by the property owner or manager, and fight to get the full compensation you deserve.
Our legal professionals know the different tricks the defendant’s team can use to discredit your slip and fall claim. We will oversee negotiations with insurance companies and ensure you aren’t tricked into accepting a lowball settlement offer. We are ready to take your case to court if needed.
Furthermore, you will not have to worry about legal fees because we handle personal injury cases on a contingency fee agreement. This means you only pay us once we recover compensation for you.