A slip and fall can happen in the blink of an eye, leaving you injured and wondering about your rights. Whether it’s a wet floor, uneven pavement, or a hidden hazard, property owners have a responsibility to keep their premises safe. Here are the top 10 questions we hear from clients who’ve been injured in slip-and-fall accidents:
1. Who is responsible for my injuries?
This depends on where you fell and why. Was it a wet floor with no warning sign? A broken stair? Property owners and businesses must maintain their premises in a safe condition. If they were negligent, they could be liable.
2. What is “negligence” in a slip and fall case?
Negligence means the business in control of the premises knew of the hazard, but failed to fix it or warn you. A property owner can also be negligent if they should have known about the hazard. This means the hazard was there long enough where a careful owner would have discovered and corrected it. Some common examples of a hazard are, an uncleaned spill, a poorly lit walkway, and a broken handrail.
3. Do I have a case even if I was partly at fault?
Possibly. Florida has “comparative negligence.” If you were partly to blame (e.g., texting while walking), your compensation may be reduced, but you may still recover damages. That comparative negligence is expressed as a percentage of fault and the percentage of your own fault reduces your recovery. If you were primarily at fault, meaning your comparative negligence is greater than 50%, you may be barred from making a recovery in Florida.
4. What kind of compensation can I receive?
You may be able to recover:
- Medical Expenses: Past and future medical bills, therapy, etc.
- Lost Wages: Income lost due to missed work.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
5. How do I prove my case?
Evidence is key:
- Photos/Videos: Of the scene, your injuries, and any contributing factors (e.g., the spill, the broken step).
- Witnesses: Anyone who saw the accident or the hazardous condition.
- Incident Report: If one was filed at the scene.
- Medical Records: Documenting your injuries and treatment.
6. Should I talk to the property owner’s insurance company?
Be cautious. Their goal is to minimize payout. It’s best to speak to an attorney first to protect your rights.
7. How long do I have to file a claim?
In Florida, you generally have two years from the date of the injury to file a lawsuit for a slip and fall claim. However, for a claim to be successful, it is best to take immediate steps to document the injuries and defect that caused the fall, as well as trying to preserve other critical evidence.
8. What if I fell at work?
This falls under workers’ compensation, which has its own set of rules and procedures and a skilled slip and fall attorney can help analyze your legal options.
9. How much is my case worth?
Every case is unique. The value depends on factors like the severity of your injuries, medical costs, lost income, and the collectibility of the responsible party.
10. Do I need a lawyer?
While not legally required, an experienced personal injury attorney can significantly increase your chances of a successful outcome. They’ll:
- Investigate the accident
- Gather evidence
- Negotiate with insurance companies
- Fight for your rights in court if necessary
Don’t Slip Up on Your Rights
If you’ve been injured in a slip and fall accident in South Florida, contact the experienced team at Weinstein & Cohen. We’ll provide a free consultation, answer your questions, and fight to get you the compensation you deserve. Call us at 305-374-1011 or visit fairnessforall.com to learn more.
