Deerfield Beach Slip and Fall Lawyer

Slip and fall accidents can cause devastating injuries such as bone fractures and traumatic brain injuries (TBIs). These injuries can be life-changing events and lead to expensive medical bills. They can occur at any moment and in any part of the Sunshine State.

Accidental falls are the leading cause of emergency room visits in the United States, according to the National Floor Safety Institute (NFSI). Injuries sustained in slips and falls are also a leading cause of workplace absences because of the lengthy recovery times involved.

Florida law protects the rights of residents to safe and danger-free public spaces. If you have been injured in a slip and fall accident on someone else's property, you may be eligible to file a claim for damages.

Learning the relevant legislation is crucial before making a claim with an insurer or launching a personal injury lawsuit. If you've been injured in a slip and fall in Deerfield Beach, Florida, our attorneys can explain the relevant laws and guide you on how to file a personal injury claim (by appointment only).

Keep reading to learn about the essentials of Florida slip and fall accidents.

Top Causes of Slip and Fall Accidents in Florida

According to the Center for Disease Control and Prevention (CDC), adults over the age of 65 are at the highest risk of injuries from falls. Florida slip and fall accidents can happen due to various hazards, such as:

  • Wet floors because of mopping or waxing, food or liquid spills, leaking water, rainwater, and pool water.
  • Loose or ripped carpeting and rugs. Frayed or bulging carpeting can also snag a visitor's foot and cause them to fall.
  • Broken stair steps, worn-out stairs, or damaged/missing handrails.
  • Lack of anti-slip materials at entrances or stairs.
  • Poor lighting limiting visibility.

Outside, someone risks falling due to hazards such as damaged pavements and uneven ground. The stakes are high after a slip and fall accident, so it's well-advised to have legal representation.

Slip and Fall-Related Injuries in Deerfield Beach, FL

Injuries sustained in slip and fall accidents range from mild to severe. Some of the most common slip and fall injuries include:

Bruises and Cuts

Accidental falls onto sharp objects can result in cuts and scrapes. These injuries vary in severity, and victims may require surgery or stitches. Bruises are common if someone falls on a rough surface such as concrete.

Damage to Soft Tissues

Bruises, sprains, and other soft-tissue injuries are common after slip and fall accidents. Although the injuries may not be apparent immediately, they may cause significant damage later on.

Injuries to soft tissues are notoriously challenging to diagnose because they often do not present any outward symptoms. If victims of a slip and fall accident experience swelling or limited mobility several days after the incident, they should seek medical attention.

Head Injuries

According to the Center for Disease Control and Prevention, falls are the leading cause of traumatic brain injuries (TBIs). When a person’s head receives a severe blow or bump, the result can lead to a traumatic brain injury. Traumatic brain injuries, or TBIs, disrupt regular brain function and may result in impaired cognition, dizziness, or a coma.

Broken Bones

When an individual falls on a hard surface, they often break bones. The elderly in Florida are more likely to obtain bone fractures, but everyone is at risk.

A shattered bone can cause sudden, excruciating pain and limit the range of motion of an affected joint. A broken bone is far more difficult to fix once the swelling has begun; therefore, prompt medical attention may be necessary.

Spinal and Back Injuries

The victim's vertebrae may be broken, crushed, or dislodged after a slip and fall. Paralysis and other long-term complications are among the most devastating outcomes of a spinal cord injury. Injuries to the back are not only painful but can significantly reduce a person's quality of life.

Wrongful Death

A slip and fall victim could die instantly or from linked health problems if the accident injuries are severe enough. Suppose a loved one did not pass away immediately following a fall but later succumbed to injuries and accompanying consequences such as organ failure or a stroke. In that case, their families might be eligible to seek compensation.

Places in Florida Prone to Slip and Fall Accidents

Slip and fall accidents happen in many public areas, including grocery stores, shopping malls, and amusement parks. Slip and fall accidents are preventable but tragic events and can cost supermarkets millions of dollars yearly in legal fees and settlements.

Wet surfaces may cause customers to slip and fall. Customers' ability to spot potential dangers diminishes when a shopping cart is in their sight can also cause an accident. Knocked-over supplies that haven't been removed despite reasonable requests are another potential source of slips and falls in grocery stores.

Slip and Fall Accidents in Theme or Amusement Parks

Millions of tourists go to Florida's theme parks annually. Unfortunately, accidents often occur even in these secure environments. When people slip and fall, they usually only suffer minor injuries, such as scraping their elbow or knee. If the injuries are severe and a direct result of the park's negligence, slip and fall injury victims may seek compensation

If you slip and fall in a theme park, you should know that the parks will likely aggressively defend themselves. Florida's statutes protect visitors who sustain injuries in slip and fall accidents in private or public spaces such as amusement parks. This means that a person who suffers injuries due to a fall on the property may seek financial compensation.

Theme parks don't want negative publicity, so they may reject liability or offer low settlements. These establishments are legally required to ensure that their facilities are free of hazards that could cause visitors to sustain injuries, such as spilled drinks or surfaces which are too slippery to walk on.

Steps to Take After a Slip and Fall Accident

You can better protect your rights in court by taking these measures:

  • Inform the relevant authorities about the accident.
  • Note down the contact information of any witnesses.
  • Take photos or videos of injuries and accident locations.
  • Seek medical attention
  • Avoid signing any document from the property owner or their lawyers.
  • Contact an experienced Florida slip and fall attorney for legal advice.
Florida Slip and Fall Laws

Slipping and falling on someone else's property doesn't automatically make the property owner legally liable. Slip and fall accident victims must prove that the property owner was negligent and their actions directly caused the accident.

Establishing Duty of Care

According to recent data from NFSI, Florida residents are more likely to sustain injuries from a slip and fall on commercial property. Florida slip and fall laws refer to customers of any publicly accessible establishment, such as a grocery store or shopping mall, as "invitees," and property or business owners owe invitees the most significant duty of care.

Property or business owners are responsible for ensuring their property is free from hazards that could potentially injure an invitee. Owners breach their duty of care to invitees when they are aware, or should reasonably be aware, of a dangerous or defective condition on their property and fail to take reasonable measures to remedy the issue or provide adequate warning.

Licensee Protections

Licensees are visitors with implied or explicit authority to use another person's property for personal use. These include people visiting public beaches or parks and social guests at private residences. Property owners are legally obliged to protect licensees from injury and warn them about known hazards. However, the duty of care to licensees is less than the duty owed to invitees.

Trespasser Protections

Trespassers have the least protection according to Florida slip and fall laws. A property owner or occupant's sole duty to a trespasser is to refrain from causing the trespasser any harm. The "stand your ground" law allows property owners to defend their property from criminal intruders.

Florida's premise liability regulations protect minors who trespass from legal repercussions in certain situations. Even when minors trespass on private land, the owner or occupier must take reasonable precautions to ensure children's safety if the property features any amenities that would attract children, such as a trampoline or swimming pool.

Contact Frankl Kominsky Injury Lawyers to find out about your rights if you've been injured on someone else's property.

Causation and Damages

An injured plaintiff in a slip-and-fall case must prove the following:

  • The hazard or accident was reasonably foreseeable.
  • If the property owner hadn't disregarded their responsibility to keep the area safe, the incident never would have occurred.
  • They suffered financial losses because of the accident that was caused by the owner’s negligence.

In a slip and fall case, mental and emotional harm can be just as serious as bodily harm.

Statute of Limitations for Florida's Slip and Fall Cases

Considering that time is crucial when filing cases under negligence laws, the statute of limitations sets the deadline for filing a claim. You may lose your right to sue for damages if you miss it.

You have four years from the time of the accident to file a claim for damages after a fall. In some cases, courts may extend the Florida statute of limitations beyond the initial four years, and our Deerfield Beach slip and fall attorneys can explain how this works (by appointment).

Comparative Negligence Laws

Property owners often use comparative negligence as a defense in cases involving slip and fall accidents. If victims were also somewhat to blame for their injuries, Florida's comparative negligence statute may apply. The law might reduce the amount of compensation awarded by the court proportionally to the degree of fault.

Since Florida is a comparative negligence jurisdiction, a victim is still entitled to seek monetary compensation, even when they are partially to blame for the accident. For example, if victims were 70% at blame for their losses amounting to $100,000, they could still be eligible to seek $30,000.

Some property owners may claim that:

  • Victims were located in a prohibited part of the property.
  • Victims were reckless and/or
  • The hazard that caused the slip and fall accident was visible.

Accident victims can rely on our team of passionate personal injury attorneys in Deerfield Beach to assist them in countering these arguments in court (by appointment only).

Compensation in Slip and Fall Accidents in Florida

Florida law allows monetary compensation to be awarded to victims of accidents. Plaintiffs must prove that the defendant was reckless or negligent to obtain compensation for their injuries successfully. The two main classes of compensation are economic and non-economic damages.

Economic damages are damages with a definite dollar value, such as:

  • Loss of future earning ability
  • Damage to personal belongings
  • Current and anticipated medical costs
  • Lost wages

Florida slip and fall lawyers will investigate additional factors to determine the appropriate compensation amount a victim should seek.

Non-economic damages are losses that can't be quantified in monetary terms. Other non-economic losses include emotional distress, which victims may also claim. Our personal injury attorneys will negotiate with the liable party and their insurance provider on your behalf so that you can focus on recovering.

Punitive damages are monetary awards made by courts as a form of punishment for the defendant's reckless or malicious behavior. In exceptional cases involving slip and fall lawsuits, judges may decide to award punitive damages.

Benefits of Retaining Our Law Firm's Reputable Slip and Fall Lawyers

When someone is injured after being on someone else's property, they should first seek medical assistance. Putting your health first and making regular medical appointments will help accident victims receive the treatment and answers they need to recover fully.

We then recommend consulting with a Florida slip and fall lawyer from Frankl Kominsky as soon as possible. Our initial free, no-obligation consultation will be completely confidential.

Below is an overview of how our attorneys can help with your slip and fall case in Florida:

Accident Investigations

Our dedicated team begins investigations immediately after a client reaches out. Many property owners will try to fix the underlying cause of the accident, so it is important to safeguard the physical and visual evidence at the scene of the accident early on.

Handling Negotiations

The main goal of insurance adjusters and defense attorneys is to save their clients money. Without extensive legal knowledge and solid negotiation abilities, this can make victims and their families feel like they've been victimized again.

The attorneys at Frankl Kominsky are seasoned negotiators with extensive experience in slip and fall accidents. Our assistance can negotiate with insurers and attorneys on behalf of our clients.

Legal Representation in Court

Most cases that involve injuries sustained in slip and fall accidents are settled out of court. The aggrieved parties, however, gain bargaining power by preparing for a court battle.

The outcomes that can be achieved with the help of our attorneys speak for themselves, making them strong opponents in court. Although it is impossible to predict the result of a court case, our reputation as tenacious advocates for our clients gives them guidance and support when seeking damages.

How to Choose the Best Slip and Fall Lawyer in Florida

At Frankl Kominsky, our team of devoted injury lawyers in Deerfield Beach has experience representing Floridians and visitors who have suffered severe injuries due to the carelessness of others (by appointment).

After suffering from an accident, some people may be reluctant to obtain legal representation. Additionally, the stigma of seeking medical assistance after a fall may discourage people from doing so. When it comes to assisting accident victims in seeking just compensation for their losses, the lawyers at Frankl Kominsky have the experience to help.

Florida's premises liability rules provide several safeguards in the event of a fall caused by the carelessness of others. Victims of slips and falls who file claims for their injuries could potentially obtain compensation for their damages and contribute to making public places such as restaurants, shopping centers, and parks safer for everyone.

Before hiring an attorney, you should consider the following:

  • How successful has this lawyer been in other Florida slip and fall cases?
  • How confident are you that the firm will give your complex legal issue the attention it deserves?
  • Do they have experience in negotiations and litigation?
  • Do other professionals and pleased clients recommend the slip and fall accident attorney?
  • Does the law firm provide free initial consultations?

Our team at Frankl Kominsky Injury Lawyers understands that every client has different expectations when hiring a lawyer to represent them after a slip and fall in Florida. We can reduce any anxiety by meeting with you in person to discuss your case. We offer free consultations to help you comprehend your circumstance better and advise you on legal options.

Contact us at (561) 800-8000 or send us a message on our website to speak with a Florida slip and fall accident attorney and schedule an appointment.

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