Imagine walking through a grocery store, focusing on your shopping list, when suddenly you slip on a wet floor and find yourself on the ground, writhing in pain. As you try to stand up, you realize that you've suffered a serious injury, and your mind races with questions: "Who is responsible for this? How will I pay for medical bills? Do I need a lawyer?" This scenario is all too common, and it's what premises liability law, popularly known as slip and fall law, aims to address.
A slip and fall or trip and fall is a premises liability claim that arises when an object or hazardous condition on a property causes a person to fall, resulting in injuries and, in some cases, even death. Slip and fall injuries may range from minor bruises to severe fractures, head trauma, or other catastrophic injuries. When this happens, you can hold the property owner liable through a personal injury claim.
If you were seriously injured in a slip and fall incident, talk to an experienced Pompano Beach slip and fall lawyer at Frankl Kominsky Injury Lawyers. We offer a free consultation to evaluate your case. An experienced attorney can be your advocate to obtain financial compensation for your injuries, medical expenses, lost wages, and pain and suffering.
Table of contents
- Why Choose Frankl Kominsky Injury Lawyers?
- Where to Find Us in Pompano Beach, FL
- Common Causes of Slip and Fall Accidents in Pompano Beach, Florida
- Common Injuries Sustained in Slip and Fall Incidents
- What to Do After a Slip and Fall Accident
- Proving Fault in a Slip and Fall Accident Case
- How Much is a Slip and Fall Case Worth?
- Three Compelling Reasons to Hire a Pompano Beach Premises Liability Lawyer for Your Trip and Fall Case
- Frankl Kominsky Injury Lawyers Will Fight For You
Why Choose Frankl Kominsky Injury Lawyers?
When you're dealing with the aftermath of a slip and fall accident in Pompano Beach, Florida, you need a law firm that understands your unique situation and is dedicated to fighting for your rights. Frankl Kominsky Injury Lawyers is the clear choice for your premises liability claim.
Our attorneys have extensive experience and knowledge in premises liability law, which involves holding property owners accountable for injuries sustained due to hazardous conditions on their property. We understand the legal nuances involved in these cases and know how to build strong arguments to support your claim.
With our conveniently located office right in the heart of Pompano Beach, we are deeply rooted in the community and thoroughly understand the local landscape. Our team of compassionate and knowledgeable attorneys is committed to providing personalized attention to each and every client, ensuring that you feel heard, supported, and well-represented throughout the entire legal process.
We pride ourselves on our accessibility, responsiveness, and dedication to seeking the compensation you deserve. When you choose Frankl Kominsky for your slip-and-fall claim, you can rest assured that you have a strong advocate in your corner, ready to navigate the complexities of your case while you focus on your recovery. Call our Pompano Beach office at 561-609-1948.
Where to Find Us in Pompano Beach, FL
The Pompano Beach offices of Frankl Kominsky Injury Lawyers are located between I-95 and FL811A in McNab Executive Plaza at 1000 W. McNab Road, #182, Pompano Beach, Florida, 33069.
Common Causes of Slip and Fall Accidents in Pompano Beach, Florida
Trip and fall accidents can happen anywhere, at any time, and to anyone. Slip and fall accidents are a leading cause of injury in the United States. According to the National Floor Safety Institute, falls account for more than 8 million hospital emergency room visits annually, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits or 12% of total falls.
Understanding the common causes of these incidents is crucial for preventing them and knowing when you may have a valid premises liability claim. Some of the most common causes of these types of accidents include:
Wet and Uneven Surfaces
Wet and uneven surfaces are the leading cause of slip-and-fall accidents globally. Common examples include:
- Loose mats
- Cluttered floors
- Loose floorboards
- Moisture collection
- Parking lot potholes
- Torn carpeting
- Defective sidewalks
- Poorly constructed staircases
- Recently waxed or mopped floors
These factors are common in homes, business locations, and public places. Preventing them is the responsibility of the premises owner. If they fail to do so, there’ll be a valid premises liability claim against them.
Property Owner Failure to Deal with Weather Conditions
Slip and fall accidents are more common during the rainy months in Pompano Beach due to slippery and dangerous surfaces. Tripping and falling are preventable occurrences if property owners maintain their premises and promptly fix situations of wet surfaces. Failing to do so opens them to liability if someone falls and suffers an injury.
Environmental Conditions
Other environmental factors that contribute to slip and fall accidents include:
- Trash or debris on the floor
- Open drawers or cabinets
- Cords across walkways
- Poor or inadequate lighting
- Bright lighting that causes a glare on shiny floor surfaces
- Floor transitions (going from one flooring material to another)
Property owners, especially business owners, can prevent this by taking safety measures. This includes removing all obstacles from walkways and using proper lighting.
Unsafe Ladders and Stairs
Hazardous ladders and stairs can cause slip-and-fall accidents when there is a lack of handrails, worn or warped steps, debris or trash on the stairs, or waxed or polished stairs without non-skid surfaces.
Common Injuries Sustained in Slip and Fall Incidents
Slip and fall incidents can result in a wide range of injuries, from minor bruises and scrapes to severe, life-altering conditions. The severity of the injury often depends on factors such as the height of the fall, the surface on which the person lands, and the individual's age and overall health.
Victims may face potential long-term consequences from serious injuries sustained in a fall. Understanding the types of injuries that can occur in these incidents is essential for seeking proper medical treatment and pursuing fair compensation for your damages.
- Broken Bones: The CDC reports that one out of five falls causes serious injuries such as broken bones. The body part that receives the most force during the fall is most likely to suffer a fracture.
- Soft Tissue Injuries: Soft tissue injuries, such as ankle and wrist sprains or tears in ligaments and tendons, may not be visible outwardly but can lead to chronic pain if left untreated.
- Traumatic Brain Injuries (TBI): Falling and hitting one's head hard on the floor or a harmful object can result in traumatic brain injuries, ranging from concussions to severe skull fractures or hemorrhages.
- Hip Fractures: According to the CDC, more than 95% of hip fractures are caused by falling, usually by falling sideways. Hip fractures often require surgery and extensive rehabilitation.
- Back and Spinal Cord Injuries: Falling accidents can cause fractured vertebrae, herniated discs, or even paralysis, depending on the severity of the fall.
What to Do After a Slip and Fall Accident
The moments following a slip-and-fall accident can be overwhelming, confusing, and painful. However, the actions you take during this crucial time can significantly impact your ability to recover physically, emotionally, and financially. It's essential to know what steps to take to protect your health and your legal rights.
By following these steps, you can ensure you receive the care and support you need while laying the groundwork for a successful premises liability claim.
- Seek Medical Treatment: Seeking medical attention immediately after a slip and fall accident will address any physical or underlying injuries and create a medical record that will serve as evidence when seeking compensation.
- Report the Accident: Officially report the accident to the proper authority, such as a manager, business owner, or landlord, to prevent the property owner from denying the occurrence.
- Document Everything: Collect as much information as you can at the scene. This may include witness information and photos and videos of the accident scene. Also, document the clothing worn during the incident.
- Avoid Giving Statements: Limit communication with the property owner and insurance adjusters without consulting an attorney first. Avoid posting about the incident on social media.
- Contact a Pompano Beach Slip & Fall Accident Lawyer: Seek the assistance of an experienced slip and fall accident lawyer from Frankl Kominsky to protect your rights and help you navigate the legal process.
Proving Fault in a Slip and Fall Accident Case
Proving fault in a slip and fall accident case is key to recovering the compensation you deserve. However, it can also be a complex and challenging process, as the burden of proof lies with the injured party. To establish liability, you must demonstrate that the property owner or occupier was negligent in maintaining a safe environment and that their negligence directly led to your injuries.
Your lawyer can help you gather evidence and build a strong case to support your claim. To prove the fault of the premises owner, the victim must establish the four elements of negligence:
- The property owner owed a duty of care to lawful visitors on their premises.
Property owners have a legal obligation to maintain a reasonably safe environment for individuals who are lawfully on their premises. This duty of care extends to addressing potential hazards in a timely manner and warning visitors of any known dangers.
An experienced premises liability attorney can help you determine whether the property owner owed you a duty of care based on your status as a visitor (invitee, licensee, or trespasser) and the specific circumstances of your case.
- The premises owner breached the duty of care.
To establish a breach of duty, you must show that the property owner failed to take reasonable steps to maintain a safe environment or warn of potential hazards. This may involve demonstrating that the owner knew or should have known about the dangerous condition and did not take appropriate action to remedy it.
A skilled fall accident injury lawyer can investigate the circumstances surrounding your accident, gather evidence such as maintenance records or surveillance footage, and consult expert witnesses to prove that the property owner breached their duty of care.
- The breached duty caused the injury suffered.
You must also prove that the property owner's breach of duty directly caused your injuries. In other words, you must show that your slip and fall accident would not have occurred if the owner had fulfilled their duty to maintain a safe premises. An attorney well-versed in premises liability law can help you establish causation by presenting evidence such as medical records, accident scene photographs, and witness statements that link the dangerous condition to your injuries.
- The victim suffered damages as a result.
Finally, you must demonstrate that you suffered actual damages, such as medical expenses, lost wages, pain and suffering, or other losses, as a result of the slip and fall accident. Your attorney can help you compile documentation of your damages, including medical bills, pay stubs, and expert testimony, to ensure that you receive full and fair compensation for your injuries.
By working with a personal injury attorney with extensive experience handling premises liability claims, you can benefit from their knowledge of the law, ability to gather and present compelling evidence, and skills in negotiating with insurance companies or litigating in court. Your attorney can guide you through each step of the legal process, helping you establish the property owner's fault and fighting for the compensation you deserve.
How Much is a Slip and Fall Case Worth?
If you've been injured in a fall on someone else's property in Pompano Beach, you may be entitled to various types of compensation. Premises liability cases come under the category of personal injury law, and the damages available to victims can be divided into three main categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages refer to the tangible, monetary losses that slip-and-fall accident victims experience due to their injuries. These damages have a fixed dollar amount and typically include:
- Medical expenses
- Lost wages
- Property damage
- Transportation costs
- Rehabilitation expenses
In the tragic event that a slip-and-fall accident results in the victim's death, economic damages may also cover funeral and burial costs. You may file a wrongful death lawsuit in these cases.
Non-Economic Damages
Non-economic damages are intangible losses that do not have a specific dollar value associated with them. These damages are meant to compensate accident victims for the emotional and psychological impact of their injuries, such as:
- Mental anguish
- Physical pain and suffering
- Loss of companionship
- Loss of enjoyment of life
- Loss of consortium
Although more challenging to quantify, non-economic damages play a crucial role in ensuring that slip and fall accident victims receive comprehensive compensation for the full extent of their losses.
Punitive Damages
Unlike economic and non-economic damages, punitive damages are not intended to compensate the victim but to punish the at-fault party and deter others from engaging in similar negligent behavior. In slip-and-fall cases, punitive damages may be awarded if the property owner's actions were particularly egregious or reckless.
To be considered for punitive damages, the victim must specifically request them, and the court will evaluate the facts of the case to determine whether they are warranted.
Three Compelling Reasons to Hire a Pompano Beach Premises Liability Lawyer for Your Trip and Fall Case
If you've been injured in a trip and fall incident on someone else's property, you may be hesitant to hire an attorney. However, seeking the assistance of a skilled legal professional can help ensure you receive the financial compensation you deserve. Here are three compelling reasons why victims of slip, trip, and fall accidents in Pompano Beach should retain the services of a dedicated premises liability lawyer.
- Establishing Property Owner Negligence
A knowledgeable Pompano Beach trip and fall attorney will thoroughly examine the evidence surrounding your case to determine whether your injuries were caused by your negligence or by the property owner's failure to maintain a safe environment. By carefully analyzing the circumstances of your accident, your lawyer can build a strong case that demonstrates the property owner's liability.
- Evidence Collection and Witness Interviews
To successfully prove your claim, your lawyer will gather all necessary evidence, including surveillance footage of the area where your accident occurred, photographs of the hazardous condition, and any other relevant documentation. Additionally, your attorney will identify and interview witnesses who can provide valuable testimony to support your case. If the property owner has a history of similar incidents, your lawyer will work to uncover this information and use it to strengthen your claim.
- Negotiation and Litigation
Your premises liability attorney will skillfully negotiate with the property owner's legal team to secure a fair settlement offer on your behalf. If an agreeable settlement cannot be reached, your lawyer will be fully prepared to represent you in court and fight for your rights. In the event that the trial court does not rule in your favor, your attorney will handle the appeal process.
Frankl Kominsky Injury Lawyers Will Fight For You
Don't let the fear of hiring an attorney prevent you from seeking the justice and financial recovery you deserve. If you've been injured in a slip, trip, or fall accident in Pompano Beach, contact a skilled premises liability lawyer today to discuss your case and explore your legal options.
At Frankl Kominsky Injury Lawyers, our Pompano Beach personal injury lawyers understand that the aftermath of a slip and fall accident can be financially challenging. That's why we offer free consultations to all potential clients, allowing you to discuss your case with our experienced attorneys without any upfront costs. Additionally, we operate on a contingency fee basis, meaning that you won't owe us any legal fees unless we successfully recover compensation on your behalf.Contact us today for a free case review and let us help you take the first step toward recovery. Call our Pompano Beach office at (954) 800-8000 or contact us online. We speak Spanish and Creole.