Davie Slip and Fall Lawyer

You may have encountered hazardous property conditions when you've shopped or visited someone on their property. For example, it's not unusual to see shopping malls with cleaners mopping the floors with shoppers present. Furthermore, a careless shopper may drop a fruit peel on the floor.

Sadly, both instances can lead to serious slip and fall accidents. In addition, this kind of mishap can leave someone with severe injuries and property damage. Wrongful death is also a potential consequence of Davie slip and fall accidents.

Suppose you survive a slip and fall; you may want to claim financial compensation from the at-fault party. However, working on your own can be challenging. That's why it is recommended to reach out to our Davie slip and fall lawyer at Frankl Kominsky Injury Lawyers to help you seek the settlement you deserve (by appointment only).

What Is a Slip and Fall Accident?

A slip and fall is an accident that occurs on another person's property and results in injury. It is a premises liability claim; therefore, you may have a legal case against the property owner, controller, or manager. This legal liability often flows from the at-fault party's breach of their duty of care.

Florida law mandates that property owners keep their premises free from hazardous conditions. Suppose the premises owner negligently leaves their property in a dangerous condition, and you slip and fall. Then, you may file a compensation claim against the negligent owner.

Slips and falls can happen in multiple ways. They can include:

  • Slipping on a slippery surface
  • Tripping over objects
  • Stumbling
  • Falling over an object
How Prevalent Are Slips and Falls?

A slip and fall sounds like something you shouldn't worry about. However, statistics show that slips and falls are prevalent in the US. For example, they're the second leading cause of unintentional deaths.

Furthermore, the National Floor Safety Institute has alarming figures too. For instance, slips and falls account for over eight million emergency room visits. This is about 21.3% of all emergency room visits from falls.

In addition, slips and falls are the leading sources of workers' compensation claims. They're one of the biggest culprits for missed work days. Slips and falls are serious issues.

Where Do Slip and Fall Accidents Occur?

Davie residents can suffer slips and falls on public and private properties. Common places where these types of accidents can occur include:

  • Parks
  • Public or personal swimming pools
  • Recreational centers
  • Stores and shops
  • Restaurants
  • Bars
  • Parking lots
  • Public restrooms
  • Construction sites
  • Elevators and escalators
  • Public roads
  • Sidewalks
  • Nursing homes
  • Schools
  • Entertainment venues such as concert halls
  • Sporting complexes
  • Movie theaters
  • Private homes

You can suffer from a slip-and-fall accident anywhere. You may be eligible for compensation if you don't have control or ownership over the property.

Legal Status of Visitors on Other Peoples' Property

Several instances lead people onto another person's property. The circumstances that led to your visit may affect the consequent slip and fall accidents. For example, your status will determine the extent of the legal duty the property manager owes you.

There are three major classes of visitors in Davie, FL:

Invitees

An invitee is anyone the property owner invites onto their property. Usually, this invitation is for commercial purposes, but it could be expressed or implied. Therefore, property owners owe invitees the highest duty of care.

Licensees

A licensee enters another person's premises with their permission. However, a licensee will be on the property for personal and social benefits. Social visitors fall under this category.

Trespassers

Trespassers enter the premises illegally. They don't have the property owner's permission in any form. However, Florida law only states that the owner shouldn't weaponize the environment to harm trespassers.

Causes of Slip and Fall Accidents

Multiple factors can cause slip and fall accidents. Notably, human error isn't always to blame, as natural and other elements can be responsible.

Below are the top reasons for slips and falls in Davie, FL:

  • Wet, oily, and slippery floors
  • Uneven surfaces
  • Inclement weather conditions, such as heavy rain
  • Ice and snow on the floor
  • Poor lighting
  • Wrong footwear, usually shoes without adequate friction
  • Inattentive walking
  • Walking hurriedly
  • Inadequately placed rugs and mats
  • Potholes and broken pavements
Common Slip and Fall Injuries in Davie, FL

A slip and fall can cause different types of injuries. These range from minor to severe bodily wounds. Several factors affect the extent and nature of your slip and fall injury.

Some of these factors include the severity of the fall and the surrounding environment. For example, slipping on a staircase is more dangerous than falling on a flat surface. Anyone in a slip and fall accident can sustain any or more of the following injuries:

  • Burns and bruises
  • Scrapes and cuts
  • Spinal cord injuries
  • Traumatic brain injuries (TBI)
  • Internal organ wounds
  • Soft tissue injuries
  • Other head wounds, including concussions
  • Broken bones
  • Fractures and dislocations
  • Whiplash
  • Neck and shoulder wounds
  • Knee and ankle injuries
  • Broken ribs
  • Lacerations
  • Facial injuries
  • Disfigurement
  • Pelvic injuries
Wrongful Death

Unfortunately, slip and fall accident victims don't always survive. If they die, the deceased estate can sue the at-fault party with a wrongful death claim. They can seek the compensation the victim would have sought had they lived and for losses caused by the demise.

Do I Need a Davie Slip and Fall Injury Lawyer?

If you've been in a Davie slip and fall mishap, you may wonder if you need an attorney. The first question should be whether you want to pursue a compensation claim.

Hiring our experienced slip and fall injury lawyers is a great option if you would like to pursue legal action. Even if you prefer accepting an insurance settlement, working with an attorney is still an excellent decision. A lawyer can help your case in many ways.

We explain some of them below.

Investigating the Cause of the Accident

The cause of a slip and fall isn't always straightforward. Instead, you may need to investigate what made you fall. This is where an experienced attorney comes in because a victim may not know where to look first.

Our lawyers will examine the accident site and the evidence to determine what caused the mishap. Additionally, in some cases, we may hire experts for better conclusions. Once we learn the accident's cause, we can begin working on your case.

Establishing Liability for the Slip and Fall Accident

Liability also isn't always straightforward in slip and fall cases. For example, even if you learn the cause of the accident, it may not be expressly clear whether the property owner is liable. Therefore, you can benefit from having an experienced lawyer on your side to help you prove the owner's responsibility.

Securing the Relevant Evidence

Slip and falls often happen in private places. However, even when the accident occurs in a public place, it might be in an enclosed area. Furthermore, the property is usually in the at-fault party's control.

Therefore, gathering and protecting the evidence you require for your case will be challenging. However, you wouldn't have to struggle if you spoke to a lawyer early. Our experienced Davie slip and fall lawyer can initiate legal proceedings that require the property owner to protect evidence (by appointment only).

Determining the Damages You Deserve

Knowing the true worth of your compensation claim isn't easy. Unfortunately, many slip and fall injury victims only focus on their apparent losses. These include their medical bills and damaged property.

However, an experienced lawyer can look for intangible losses. In addition, we can check whether your injuries require future medical attention. Before accepting an unfairly low offer, contact an attorney to see if all your current and future damages are accounted for.

Going to Trial if Necessary

Many slip and fall claims don't make it to court. Instead, both parties settle the case amicably. However, suppose the at-fault party continues to offer low settlements or denies responsibility.

You may then have to file a lawsuit. A lawyer's help handling legal court papers and proceedings can benefit you. Choosing an attorney who isn't afraid of going to trial is vital.

How Can I Pay My Davie Slip and Fall Lawyer?

High legal fees often prevent slip and fall injury victims from pursuing compensation. In a challenging economy, out-of-pocket expenses because of the accident may be unbearable. Therefore, you may be unable to foot a lawyer's fee.

However, it is a common misconception that working with an attorney is always expensive.

Frankl Kominsky Injury Lawyers accept contingency fee arrangements. This is an agreement where you don't have to pay our fees unless you win your case. We only take the percentage we agree upon before the case. Usually, this ranges from 30-40%, depending on several factors, including:

  • The nature of the case
  • The difficulty of the claim
  • How long it took to win the case
  • The amount of damages
  • The amount of effort and resources we invest into your case

Note that you will be responsible for the administrative and expert witness fees, if applicable.

How Will My Davie Slip and Fall Injury Lawyer Prove My Case?

As previously stated, slip and fall cases are premises liability claims. Therefore, your attorney must establish your slip and fall case just as other premises liability claims. Consequently, we will aim to show the following:

  • Your legal status and right to be on the premises
  • That the property owner knew or reasonably should have known about the condition that made you slip and fall
  • That the premises controller didn't fix this dangerous condition because of negligence
  • The hazardous condition then made you slip and fall
  • That the slip and fall accident directly caused your wounds and other losses

If your attorney can establish these facts, you can seek compensation for your losses.

What If I Am Party Responsible for My Slip and Fall?

Property owners aren't always fully liable for slip and fall accidents. The injury victim may contribute to their injuries, affecting their compensation rights. It's essential to understand these implications.

Florida practices a comparative negligence principle. This means the law will reduce your compensation proportionate to your contribution to the accident.

Suppose you're 10% responsible for your slip and fall and claim $10,000. Unfortunately, you can only recover 90% of your losses which will amount to $9,000. Comparative negligence is better than the contributory negligence rule in some states denying all compensation.

Instances of Shared Fault in Davie Slip and Fall Cases

You can contribute to your slip and fall in the following ways:

  • Walking on parts of the property blocked from visitors
  • Moving around without paying attention to your surroundings
  • Wearing inappropriate and unsafe footwear
  • Ignoring warning and safety signs placed by the property owner at the hazardous spots
  • Where the dangerous condition was apparent, but you missed it

Property owners often argue that you played a part in any of these instances. The idea is to have the comparative negligence rule limit their fault. This is another reason to hire a lawyer. An excellent Davie slip and fall lawyer will work on your side so that you aren't wrongly blamed for the slip and fall accident.

How Long Do I Have to File a Slip and Fall Injury Claim in Davie, FL?

If you decide to file a slip and fall lawsuit in Davie, you must pay attention to the Florida Statute of Limitations. Statutes of Limitations dictate the amount of time you have to initiate a civil suit. You must file your case within the allotted time, or else your case will be statute-barred.

You have four years to file a Davie slip and fall accident claim. The clock starts ticking from the accident date. Furthermore, the same deadline applies to both injury and property damage claims.

It'll be best not to miss the Florida statutory period for slip and fall cases. If you do, the at-fault party merely has to notify the court. Then, the judge will have to dismiss your case unless it falls under an exception to the statute.

What Are the Exceptions to the Florida Slip and Fall Accident Statute of Limitations?

Judges don't always apply the Statutes of Limitations strictly. This is usually the case where a strict application will lead to injustice. However, these exceptions are few and include the following:

Absence of the Defendant

A property owner may leave the state after your slip and fall accident. In these cases, it'll be challenging to serve them court documents. Therefore, your time starts counting whenever the defendant returns to Florida.

Underage Victims

Children and people below the age of majority also suffer slip and fall injuries. However, anyone below eighteen cannot sue in their name. Instead, they must sue through a guardian's name.

You can choose to wait until you attain majority. The clock starts ticking from your eighteenth birthday.

Mental Incapacity

Finally, the plaintiff or defendant in a slip and fall case may lack the mental capacity to institute legal action. Consequently, the court pauses the statutory period until incapacity ceases. This case must still be brought within the final deadline of seven years from the injury date.

Recoverable Damages in a Davie Slip and Fall Claim

If you are successful in your slip and fall case, you could recover the following types of compensation:

  • Economic damages
  • Non-economic damages
  • Punitive damages
Economic Damages

This class of damages compensates you for your actual financial losses from the slip and fall. Furthermore, these sums are readily ascertainable because you can prove them with receipts and pay stubs.

Examples of economic damages include:

  • Medical bills
  • Cost of medical equipment
  • Cost of lost or damaged property
  • Hospitalization bills
  • Cost of property repairs
  • Lost wages
  • Funeral and burial expenses
Non-Economic Damages

These refer to intangible losses that may flow from your slip and fall. In addition, they aren't easily ascertainable. Courts and lawyers use unique methods to attach dollar figures to non-economic damages.

Typical examples of non-monetary compensation include:

  • Pain and suffering
  • Emotional distress
  • Loss of consortium
  • Loss of future earnings
  • Loss of earning capacity
Punitive Damages

A court may award punitive damages to punish the property owner. This would be the case where they acted recklessly without caring about the consequences of their actions. Additionally, courts award punitive damages to deter the public from copying this conduct, which is not compensatory.

Let the Best Davie Slip and Fall Lawyers Handle Your Case

Have you or a loved one been in a slip and fall accident? Did you lose a relative in a slip and fall mishap? If so, then you may be eligible for compensation. Florida law allows you to sue the negligent property owner for your losses.

However, proceeding against the at-fault party alone isn't advisable. Slip and fall claims are more demanding than other personal injury cases. Particularly, securing evidence for your case can be challenging without a lawyer.

Therefore, speaking to our Davie slip and fall attorneys is best. At Frankl Kominsky Injury Lawyers, we have years of experience in personal injury cases and have helped our clients reach favorable outcomes. Contact us today for a complimentary consultation by calling (561) 800-8000.

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Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon