Tampa Slip and Fall Lawyer
Property owners have a legal duty to protect those who enter their premises from preventable and unreasonable harm. Injuries due to slip and fall accidents can be dangerous and debilitating - sometimes creating the need for costly medical treatment and extensive recovery time.
For this reason, if a person has suffered injuries from a slip and fall accident due to the negligence of the owner of the property where the fall happened, it is important that they contact a Tampa slip and fall lawyer who can help obtain the compensation deserved. Any slip and fall accident should be taken seriously, and the right attorney can provide an injured person with the advice and assistance needed to obtain a fair settlement.
Professional Assistance with Your Claim
Claiming legal compensation for injuries sustained from a slip and fall accident on an establishment’s private property can be difficult, as sufficient evidence is needed in order to show that the property owner was fully aware of the hazard, but did not take appropriate steps to remedy it.
This type of proof often comes from circumstantial evidence, which can be difficult to present persuasively in court. A Tampa slip and fall attorney should be well-versed in Florida’s personal injury laws, which will be a tremendous asset in helping substantiate the claim.
Furthermore, in the process of some slip and fall cases, such as those that occur in grocery or department stores, the injured person may be taking on large corporations with access to prime legal resources. It is important to obtain the assistance of a lawyer who has experience dealing with these large corporate entities and knows how to gather the right evidence to establish their liability.
In order to prove negligence on the part of the property owner and hold them liable for sustained injuries, the State of Florida indicates that the injured person must prove the property owner was negligent. This means that:
- The property owner owed the injured party a duty of care
- The property owner breached that duty
- The breach caused the injuries
- The injuries resulted in damages
In certain cases, additional requirements apply. For example, if the slip and fall happened due to a transitory foreign substance, Florida law requires that the fall victim prove constructive knowledge. Under Florida Statute 768.0755, constructive knowledge means that the dangerous condition either existed for such a length of time that the establishment should have known about it or that the condition was foreseeable because it occurred regularly. An experienced slip and fall lawyer in Tampa can present the right evidence to prove constructive knowledge.
Another important aspect in bringing a slip and fall injury claim under Florida state law is comparative negligence, which means all parties that could be liable for damages must be included as defendants in the case. This ensures that the settlement is divided equally according to responsibility since there could be multiple different parties responsible, depending on the building’s ownership.
Slip and Fall FAQs
If you have been injured in a slip and fall accident that was caused by a property owner or manager’s negligence, you likely have questions. While your claim is unique to you and all of the circumstances involved, the answers to several primary questions apply across most cases.
What Damages Does My Slip and Fall Claim Cover?
A serious slip and fall accident can leave you with serious injuries and considerable losses, which are known as damages. Your slip and fall attorney will carefully address your damages with you and will ensure that they are accurately and fully represented in your slip and fall claim. These damages can include:
- Medical Costs – Serious injuries beget serious medical expenses. Your medical costs are likely to begin with emergency care and transportation and can extend to surgery and aftercare, treatment from doctors and medical specialists, physical therapy, prescription medications, rehabilitation, adaptive physical devices, and much more.
- Lost Earnings – As you make your journey toward regaining your health and well-being, you’ll likely miss a considerable amount of work, which typically translates to lost wages. This loss is compounded by the fact that you are facing an avalanche of medical bills and future healthcare costs. If your injuries affect your ability to do your job, you could also be looking at a downturn in your earning power into the future.
- Pain and Suffering – One of the most compelling (but most difficult to quantify) damages the victims of slip and fall accidents tend to endure is pain and suffering. This emotional component can take a serious toll on your life, and this loss should be accurately reflected in your slip and fall claim.
How Common Are Serious Slip and Fall Accidents?
Slipping and falling can be far more dangerous than people realize, and the official statistics are quite grim. The National Floor Safety Initiative (NFSI) shares all of the following:
- Falls are the leading cause of visits to the ER, and they account for 8 million visits each year. Slip and fall accidents make up a full 12 percent of total fall-related visits, which amounts to a million visits every year.
- Five percent of all falls lead to bone fractures.
- Slip and falls are the leading cause of days lost on the job and are the most common impetus behind workers’ compensation claims.
- Floors, flooring, and floor coverings contribute directly to over 2 million fall-related injuries every year.
- Hip fractures are among the most serious injuries caused by slip and fall accidents, and they are responsible for the largest number of deaths and some of the most serious ongoing health concerns.
What Are the Most Common Causes of Slip and Falls?
Slip and fall accidents are often caused by property owners and managers who simply fail to maintain their premises in the reasonably safe condition that is necessary to allow for the safe passage of their guests. Common forms of negligence include:
- Flooring that is bunched, twisted, ripped, frayed, buckled, or otherwise dangerously worn
- Walkways that are uneven, littered with debris, inadequately lit, made slippery by inclement weather, or transitory foreign substances
- Stairwells that are poorly designed, poorly constructed, or dangerously worn
- Known risks that are not posted with warning signs
Contacting a Tampa Slip and Fall Attorney
If injuries have been sustained from a slip and fall accident due to the negligence of a private property owner, the injured party could be entitled to a legal settlement.
A Tampa slip and fall attorney can discuss with the injured person the details of the incident and how to best proceed with the case. They can also help a person pursue the claim effectively and ensure that deserved compensation is received.
Our Tampa personal injury attorneys handle many types of accidents or negligence cases