Slips and falls accidents can result in both serious injuries as well as fatalities, creating devastating results. Slip and fall injuries are far too common. It can have devastating results and even be life-threatening, according to studies done on their impact.
As we can all appreciate, improvements have been made due to greater awareness about these injuries; however, there remains much work to do – particularly about sidewalks.
Premises Liability and Slip & Fall Injuries
Lawyers refer to such claims as Premises Liability. A defect on a property’s surface acts as the catalyst behind it, leading to slip and fall injuries on those premises and injuries from such an accident occurring as a result. Florida laws require property owners to ensure areas are free from hazards, we can assist your family if anyone was seriously hurt due to another’s property in any capacity.
Civil Code section 1714 sets forth the essential law establishing premises liability. Because Florida is such an expansive state, numerous cases arise each year that interpret this statute of premises liability law. When it comes to sidewalk injuries specifically, it follows what’s called the trivial defects rule which stipulates a difference of at least an inch in height between adjacent sections for this rule to apply and make property owners responsible if someone trips and falls over said defect resulting in trip-and-fall injuries. Many sidewalk cases involve broken pavement or sections raised by tree roots raised sections raised above standard, we’ve successfully represented clients who claim slipperiness–failure of maintenance–failures due to lack of care that surface safety maintenance of sufficient levels in these matters too!
Premises Liability Doesn’t Only Apply to Slip and Fall Injuries
Slipping and falls on floors on premises are another cause of premises liability claims, usually as the result of oily substances on the flooring surface. Here, it must be established that “notice” of an actual risk exists to establish liability in this instance. Prove that the owner or manager was aware of and had an opportunity to rectify a problem at hand before any liability claims are pursued against a store.
A store won’t be responsible if one customer drops a Coke and then another one slips over it 60 seconds later; notice can come either constructively or actually; when employees alert store management of danger or the store owner witnesses it directly as actual notice received by either employee, store owner can be held liable if employees caused it directly or a supervisor was responsible in creating that danger causing that hazard by employee negligence alone a store owner may also be held liable – either way the store owner can also be held responsible.
Understanding Slip-and-Fall Accidents
Your attorney will ask for any relevant details that would substantiate a comparative negligence defense, such as:
- What shoes were the injured party wearing at the time of the incident?
- What activities or possessions they were performing before injury, etc?
Assume you will also provide details concerning when, why, where, and what caused slip-and-fall accidents. Typically caused by:
- Uneven floors and sidewalks
- Clutter-strewn homes/stores
- Substance on the floor (ie liquid)
- Uneven and loose pavement
- Elevator/Escalator accidents with inadequate lighting (ie substances on the floor)
- Unstable staircases with loose handrails etc.
Building Codes Do Not Specify Safety Guidelines for Stairs and Railings
A property owner running a public business is ultimately accountable for creating safe conditions on their premises for guests, customers, and any third parties allowed on them by federal regulations such as mail delivery workers – such as mailmen. You could potentially receive financial compensation should evidence show that they failed to maintain such safety conditions, leading directly to you falling and injuring yourself as a result.
Property owners may be held accountable for injuries sustained on their premises due to negligence if they do not exercise common sense, were aware that conditions were hazardous, and did not take steps to address them or issue clear warnings about them.
How to File a Claim After a Slip and Fall?
To file a personal injury case following a slip and fall injury, evidence will need to be compiled in your favor. This includes taking photos at the scene as well as gathering testimonies from witnesses who observed your fall. After your fall has happened, gather evidence regarding what caused it by gathering accident reports, medical records, or any other documentation available – it will help support your claim as the claimant carries the “burden of proof”.
If the insurance company or property owner disputes your responsibility for injuries (which they might), be sure to save any items related to what led up to it, like shoes you wore that could help demonstrate they were reasonable; keeping high heels, or those with very worn out bottoms or heels may aggravate matters further.
Slip and fall cases involving premises liability are notoriously complex. In most of these cases, most are lost; defendants know this information so they contest these vigorously compared with other forms of injuries such as car crashes. Unlike these injuries however, slips and falls tend to settle more slowly with experts being more expensive; due to this practice area’s greater costs involved winning one is much harder; which explains why those injured in falls often struggle to find lawyers while similar injuries would make an excellent car crash case claim instead.
Slip and Fall Statute of Limitations
When injured in a slip-and-fall incident, time is of the essence for filing personal injury claims in Florida. Its statutes establish deadlines for filing. Ideally, personal injury claims should be submitted two years post-incident; if an injury does not become known immediately, however, one year can pass before filing can take place.
Bottom Line!
Jenkins Law PL offers highly respected personal injury lawyers who are experts at investigating slip and fall injuries and filing claims on your behalf. Let us listen carefully to your story before offering advice regarding how best to approach those responsible – be they owners of premises which caused injury or fatality for example; alternatively, we are available 24/7 as we come directly to you or even come right out if necessary (we even come directly to homes, hospitals or rehab facilities if required!).
Contact us to set up a meeting at our office! We look forward to hearing about all that lies ahead.
