West Palm Beach Slip and Fall Attorneys

Clematis Street's brick pavers look charming in photos and treacherous after a rain shower, and the older buildings lining Flagler Drive were not built with today's foot traffic in mind.

A West Palm Beach slip and fall lawyer at Frankl Kominsky Injury Lawyers hears the same story on repeat: a fall that should have been preventable, followed by a claim file that opens before the injured person has spoken to anyone.

At Frankl Kominsky Injury Lawyers, "Never Settle For Less®," we have recovered more than $250 million for injured clients across Florida, and we are ready to review your case. Call 561-800-8000 for a free consultation, available 24/7.

What Sets Frankl Kominsky Apart After a Fall in West Palm Beach

A property's insurer typically opens a file within hours of a fall, often the same day it happens. We move on that same timeline, sending an investigator to photograph the hazard, pull surveillance footage, and secure maintenance records before the condition is repaired and the scene is gone.

Over $250 million recovered for injured clients statewide
60-plus years of combined litigation experience among our trial team
Over 2,000 verified client reviews and a BBB A+ rating
Recognition from Super Lawyers, the National Trial Lawyers Top 40 Under 40, and the Multi-Million Dollar Advocates Forum
Coverage from CBS, NBC, the Palm Beach Post, the Sun Sentinel, and the Miami Herald
Staff fluent in Spanish and Creole, with a full Spanish-language site

Results may vary. Prior case outcomes do not guarantee similar results.

Our four Florida offices, headquartered in Boynton Beach with additional locations in Pompano Beach, Port St. Lucie, and Palm Bay, support clients throughout Palm Beach County and statewide. Call 561-800-8000 today to have your case reviewed at no cost.

a man who has just fallen down the stairs in a slip and fall accident

Where Falls Happen Most Often in West Palm Beach

Downtown's mix of historic buildings and newer development creates a patchwork of maintenance standards that varies block by block. Retail corridors around CityPlace and Clematis Street see heavy pedestrian traffic over brick and paver surfaces that shift and crack over time, while grocery stores and pharmacies near Palm Beach Lakes Boulevard generate the wet-floor claims.

Condo buildings and apartment complexes along Flagler Drive and further inland present their own hazards, particularly older properties where lobby flooring, stairwells, and parking garage ramps have not been updated in years.

Hotels near the waterfront deal with pool deck slickness and sandy walkways, and office buildings throughout the city's medical district see claims tied to freshly waxed floors and poorly marked construction zones during renovations.

Seasonal factors compound these risks in predictable ways. South Florida's rainy season brings sudden afternoon downpours that turn smooth tile and polished stone slick within minutes, and a business that fails to place warning signs or mats during a storm faces the same notice standard as one that ignores a spill on an ordinary day.

Winter tourist season adds another layer, since visitors unfamiliar with a property's layout are less likely to notice a step-down, a loose rug, or a curb that a regular local would avoid without thinking.

Slip and Falls in Nursing Facilities

Assisted living and long-term care facilities throughout Palm Beach County carry a distinct set of physical hazards, separate from any question of medical care. Wet bathroom floors, poorly lit hallways at night, unsecured rugs, and missing handrails are premises problems, and they are evaluated as premises problems.

Under Florida Statute 429.28, residents have the right to live in a safe and decent living environment. That standard reaches basic premises maintenance such as handrail placement, adequate lighting, and prompt cleanup of spills in common areas.

A fall inside one of these facilities is analyzed under the same premises liability framework as a fall in any other business, focused on whether the physical hazard was known or reasonably foreseeable, not on the quality of care a resident received.

Visitors and staff encounter these same hazards, and a claim on behalf of a visiting family member follows the identical framework as any other slip and fall case.

Incident reports required under facility licensing rules often serve as useful evidence, even though they were created for regulatory compliance rather than litigation. A facility that cannot produce consistent records, or that shows a pattern of similar falls without corrective action, gives a claim a stronger foundation.

How Do You Prove a Property Owner Was Negligent?

Proving a slip and fall lawsuit in West Palm Beach requires showing four elements: a duty of care, a breach of that duty, causation, and damages. Property owners and businesses generally owe visitors a duty to maintain reasonably safe conditions, and a case succeeds when the evidence shows that duty was broken.

Spills fall under the rule for transitory hazards, meaning something temporarily on a floor that does not belong there. Under Florida Statute 768.0755, the injured person must show the business had actual or constructive knowledge of the hazard and failed to act.

Actual knowledge means someone at the business knew, usually from an employee admission or a prior complaint. Constructive knowledge means the business should have known, shown by circumstantial evidence such as footprints tracked through a spill or a condition that recurs often enough to be foreseeable.

Surveillance footage showing how long a hazard sat unaddressed is frequently the strongest evidence available, followed by incident reports, maintenance logs, and photographs taken before repairs erase the problem. Records tying the injury to the fall complete the proof.

Timing matters more than most people realize. A business is not required to keep surveillance footage indefinitely, and many systems overwrite recordings after a matter of days. We send a preservation request immediately, because waiting a few weeks can mean the difference between having video of the fall and having only a written incident report.

Call 561-800-8000 to have your fall reviewed at no cost.

How Insurers Handle West Palm Beach Slip and Fall Claims

Property insurers rely on a familiar set of arguments after a fall. The most common is that the hazard was open and obvious, meaning a careful visitor should have seen and avoided it, which shifts blame toward the injured person.

Fast settlement offers arrive before the full extent of an injury is known, and recorded statements are later read closely for any language suggesting distraction or carelessness. A fourth argument shows up in claims involving older properties, where the position taken is that a defect was cosmetic rather than hazardous, even when that defect caused the fall.

A fifth surfaces in cases involving a claimant visiting from out of town, where unfamiliarity with the property is treated as the visitor's responsibility rather than the property's. None of these arguments require an immediate response without guidance, and an early offer rarely reflects a case's value once treatment is complete.

What Compensation Can You Recover After a Slip and Fall?

Compensation typically covers medical costs, along with lost income during recovery and reduced earning capacity for injuries that limit future work. Pain, emotional distress, and the practical loss of activities a person once did without thinking also factor into a claim's value.

Florida follows a modified comparative negligence rule, which reduces a recovery by the injured person's own share of fault. Under Florida Statute 768.81(6), a party found greater than 50 percent at fault may not recover at all, while a party at 50 percent or less recovers an award reduced by that share.

In cases involving especially reckless property management, such as ignoring repeated complaints about the same hazard, punitive damages may also be available. Punitive damages punish the property owner rather than replace a loss, and they sit on top of compensatory damages, the categories that reimburse what the injured person actually lost.

Who Can Be Held Liable for Your Fall?

The property owner is typically the most obvious defendant, but liability often extends further depending on who actually controlled the space. A commercial landlord, a property management company responsible for common-area maintenance, and an outside maintenance contractor who ignored a known hazard can all share responsibility.

Government entities responsible for public sidewalks, parks, or municipal buildings can also be liable, though a claim against a government body requires written notice to the agency before suit and shorter practical windows to act.

We identify every potentially responsible party early, before evidence disappears, because that opens access to more available insurance coverage than pursuing a single defendant alone.

How Long Do You Have to File a Slip and Fall Lawsuit in Florida?

Florida generally requires a negligence lawsuit, including a West Palm Beach premises liability claim, to be filed within two years of the date of injury, under Florida Statute 95.11(5)(a). The deadline leaves little room for delay.

Certain circumstances shorten the practical window further, including claims against a government entity, which require early written notice before a lawsuit is filed. Waiting until the deadline approaches often means the evidence is already gone, even if the claim itself remains technically valid.

FAQs: West Palm Beach Slip and Fall Lawyer

These questions come up often once a client understands the basics of proving fault and recovering compensation.

What should I do if I was injured on someone else's property in West Palm Beach?

Seek medical care first, then photograph the hazard, report the fall to the property owner or manager, and request a copy of the incident report. Get contact information for anyone who saw it happen, and avoid giving a recorded statement to any insurer before speaking with an attorney.

Do I need proof the property owner knew about the hazard?

For spills and similar conditions, yes. Florida law requires showing the business had actual or constructive knowledge of the dangerous condition, not just that it existed. That proof usually comes from footage, maintenance logs, and prior complaints, which is why we request them early.

Can I still recover damages if I was partly distracted when I fell?

Often yes. Under Florida Statute 768.81(6), a party found greater than 50 percent at fault may not recover at all. At 50 percent or less, the claim proceeds and the award is reduced by that share, so the fault percentage is usually the central dispute.

What if the property owner repaired the hazard right after my fall?

A prompt repair does not eliminate liability and can support your claim by showing the owner recognized the condition needed fixing. Footage, work orders, maintenance logs, and witness accounts can all establish what the hazard was, so a repaired condition is not the end of a case.

Does it matter if I fell at a private residence instead of a business?

Not necessarily. Homeowners and renters typically carry liability insurance that can cover a visitor's injury, and a claim generally proceeds against that policy rather than the resident personally. The proof requirements differ slightly, since Florida Statute 768.0755 applies to business establishments.

Will my case go to trial?

Most slip and fall claims settle before trial. We prepare every case as if it will be tried, because a case built for court is also a case built for a serious settlement conversation. If a fair offer does not come, we are ready to try it.

What does a free consultation involve?

We review your fall, answer questions about liability and available evidence, and outline the next steps at no cost and with no obligation. Consultations are available 24 hours a day in English, Spanish, or Creole, and nothing is owed unless money is recovered.

Talk to a West Palm Beach Slip and Fall Attorney Today

Evidence in a premises liability case has a short shelf life. Surveillance footage gets overwritten, hazards get repaired, and witnesses move on within days of a fall, which is why a slip and fall lawsuit in West Palm Beach benefits from an early start.

At Frankl Kominsky Injury Lawyers, we have recovered more than $250 million for injured clients across Florida, backed by 60-plus years of combined trial experience and thousands of verified client reviews.