Florida Slip & Fall Liability Factors

Florida Slip & Fall Liability Factors

If you have been involved in a slip and fall accident, bear in mind that there are several factors that can potentially affect your slip and fall claim and the value of your case. Here are some of the most important factors to keep in mind.

Conditions of the Premises When You Fell

One of the most important factors in any slip and fall case is the place where you met with such an accident. A detailed description of the conditions of the place and the reason for your fall will be asked and examined. If the surface you fell on was being mopped and wet without a warning sign present, or if the railing or step where you fell was broken and gave way underneath you, these conditions will help determine liability. If the conditions at the site of your slip and fall or trip and fall are found to be unsafe or hazardous in any way, liability can be ascertained.

Top 5 Places Where Slip and Fall Accidents Occur

Slips and falls can happen anywhere without warning. Such an accident can occur in public places, as well as within the safety of a private home. The top five places where slips and falls occur are:

  • Grocery and Convenience Stores
  • Department Stores and Shopping Outlets
  • Gas Stations and Service Station
  • Private Property: Someone’s home, Apartment Complex
  • Gyms and Fitness Centers

Slip or trip and falls can occur in other areas as well, including parking garages, parking lots or theme parks.

Responsible Parties and Insurance

There can be multiple parties to be blamed in a single claim. The owner of the building where you fell can be partially responsible, the janitorial service or maintenance company they have hired may be responsible too for not doing their job right, and some blame can also lie with manufacturing companies who sold the defunct equipment that gave way and led to the accident.

Finally, even the victim themselves can be partially liable. Florida recognizes the doctrine of comparative fault. If it is determined that the victim is partially to blame, their compensation will be reduced by their percentage of fault.

Witnesses and Reports

Any case is only as strong as its evidence to support the claim. Thus the evidence needs to be properly documented to establish liability and damages. In a slip and fall case, the evidence can include any eyewitnesses, photos or video of the cause and location of the fall, and the medical and investigative reports of your injuries and the premises.

If there were any witnesses to the fall, be sure to get their contact information and statement. If they are willing to testify that the fall was indeed caused by the conditions on the premises, it could prove invaluable to your case.

The medical reports that detail your injuries and treatments can potentially give credibility as to how severe the fall and your injuries were, and an investigation done of the premises may uncover the reason behind the fall, and the conditions that led to it. Additionally, if you can take pictures and make videos of the broken step, rusted railing, or damaged floor that caused the fall, that would only help you add to the evidence.

Your Condition and Circumstances

Your injuries and wounds can show just how severe the fall was, and all the pain and trauma that you had to go through because of someone else’s negligence. On top of that, the medical bills for the treatment of those injuries must also be accounted for when deciding the value of your case.

Be sure to keep copies of all your medical records and expenses. These can include the hospital report, diagnostic testing, discharge papers, prescription medication, physical therapy and surgery. It is a good idea to take photos of any injuries, lacerations, bruising or scaring as well.

Find an Experienced Slip and Fall Lawyer

If you or a loved one have been involved in a slip and fall accident in Florida and wish to pursue a claim against the at-fault party, contact a dedicated personal injury lawyer who is familiar with personal injury laws in Florida and has experience dealing in similar cases.

Frank & Kominsky Injury Lawyers have a team of experienced attorneys who are ready to guide you throughout your case and pursue the compensation you deserve. Our firm prioritizes customer service and will be available to answer calls and questions at any time of the day. You can reach out to us through our website or through the phone; our lawyers are available to assist you.

We offer a free personal injury consultation and case review with our lawyers, where you can discuss the specifics of your case before hiring us. If you cannot come to our office we are happy to meet you at your home, workplace or hospital. Call us at 855-800-8000 to schedule an initial consultation.

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