A slip and fall can happen in the blink of an eye, yet the consequences may linger a lifetime. Whether on a store floor, a poorly maintained sidewalk, or at someone else’s property, bodily harm, emotional pain, and financial burdens are typically the result. Luckily, slip and fall law exists to speak for victims and keep them from having to bear these alone.
At Goldman Daszkal, P.A., we understand that slip and fall cases are complex and will do everything possible to help victims navigate through the legal process so that they are able to get the compensation that they deserve. For over 30 years, our law firm has been representing hundreds of clients in premises liability cases throughout Florida.
Causes of Slip and Fall Accidents
Slip and fall law is one subset of the broader category of premises liability, which makes occupiers and property owners responsible for maintaining safe environments. If they fail to do so, and someone is injured as a result, they may be held legally responsible.
Accidents caused by slips and falls may be caused by various hazardous conditions, including:
- Wet or slippery floors due to spills
- Uneven or cracked sidewalks
- Poor lighting in hallways or stairs
- Loose carpets or mats
- Obstacles left in the corridors
- Not offering handrails on stairs
Property owners have an obligation of care to address these hazards in a prompt manner. Failing to take action to remedy or warn against these dangers can lead to severe injuries and liability.
How Slip and Fall Law Helps Victims
Determining Duty of Care
Property owners are legally obligated to ensure their property is kept in a reasonably safe condition. This entails that they should:
- Regularly inspect the property
- Repair known dangers promptly
- Alert guests of potential dangers
Not fulfilling this obligation exposes them to litigation.
Establishing Negligence
To win a slip and fall lawsuit, the injured individual must establish that the property owner violated their obligation of care. This entails showing that:
- There was a hazardous condition on the property.
- The property owner knew or should have known of the hazardous condition.
- The property owner failed to exercise reasonable care to eliminate the hazard.
- The hazardous condition was the direct and proximate cause of the injury and damage to the property.
A professional personal injury lawyer can help gather evidence, conduct witness interviews, and develop a strong case to prove negligence.
Compensation for Damages
Slip and fall accident victims may receive various types of compensation, including:
- Medical bills
- Lost income
- Pain and suffering
- Emotional distress
- Rehabilitation fees
Here at Goldman Daszkal, we have achieved large settlements for our clients, including a $1,750,000 verdict for a surgically repaired heel fracture and a $1,000,000 settlement for a slip in which the plaintiff slipped on a substance left by management.
What to Do After a Slip and Fall Injury
If you’ve suffered a slip and fall injury, it’s important to take the following actions:
- Seek Medical Attention: Your health is your top priority, and timely medical attention leaves a documentation of your injuries.
- Report the Incident: Notify the owner or manager of the property and ensure an incident report is filed.
- Photograph the Scene: Take pictures of the hazard, your injury, and the location of the accident.
- Obtain Witness Information: Obtain contact information of anyone who witnessed the accident.
- Avoid Making Statements: Don’t discuss fault or make insurance statements without an attorney.
- Call a Personal Injury Lawyer: A good slip and fall lawyer can guide you through the legal process and help protect your rights.
Comparative Negligence in Florida
Florida has embraced comparative negligence law in personal injury cases, including slip and fall claims. Under this rule, if a person who is injured is found to be partially responsible for the accident, then his or her compensation can be decreased proportionally to the extent of his or her fault.
For example, if someone is found to be partially at fault for not watching out for a warning sign that was posted or for inappropriate footwear, the court could apportion a percentage of fault to them. This does not stop recovery but does impact the final compensation awarded.
Notably, Florida law was amended in 2023, and currently, in the majority of claims for personal injury, a plaintiff who is responsible for more than 50% of the fault is barred from recovering damages. However, the rule might not apply to some types of claims. It is essential to understand how comparative negligence works and to have an experienced slip and fall attorney help establish fault appropriately and advocate for a fair outcome.
Statute of Limitations to File a Slip and Fall Claim
Under Florida law, the statute of limitations for filing a slip and fall case is two years. This is to indicate that if you have been injured in a slip and fall accident, you must file a personal injury claim within that period or lose your right to be compensated for your injuries.
Two years would appear sufficient time to accomplish this, yet building a good case takes careful investigation, medical reports, records, and legal finesse, actions which take time to do well. Waiting too long also leads to lost evidence and compromised witness credibility. If the slip and fall occurred on government property, even stricter deadlines and notice provisions may apply.
To protect your legal interests, you must speak with an experienced slip and fall attorney immediately. At Goldman Daszkal, our services can help secure your claim on time and the strongest possible basis.
Defenses Property Owners Can Raise
The owner of the property or his insurance company can assert some defenses in a slip and fall case to avoid liability. Common arguments are that the hazardous condition was “open and obvious” and that a reasonable person would have discovered and avoided it.
They may also plead ignorance about the hazardous condition or that they did all that they could to not hurt anyone. Another tactic is victim-blaming, asserting comparative negligence, that your own actions brought on or contributed to the fall. These defenses can reduce or even remove your compensation.
An experienced personal injury attorney at Goldman Daszkal knows how to overcome such tactics and protect your right to fair compensation.
Why Choose Goldman Daszkal
At Goldman Daszkal, we are dedicated to providing sensitive and personalized legal representation to slip and fall accident victims. Our lawyers have extensive experience in litigating premises liability cases and are well conversant with the intricacies of Florida’s personal injury law. We work diligently to recover our clients’ rightful compensation.
Our approach involves:
- Detailed investigation of the accident site
- Gathering and preserving critical evidence
- Negotiation with insurance providers
- Forceful litigation where necessary
We offer a free case evaluation to examine your case and provide suggestions for what will prove best for you. With Goldman Daszkal, you can count on an experienced staff member who is ready to advocate for your rights at every turn.
Why Legal Representation Is Important
Slip and fall cases are often legally and factually complex. Demonstrating damages, establishing fault, and proving the duty of care owed by the property owner all require a deep understanding of premises liability requirements and personal injury law.
A competent personal injury attorney can identify all potentially liable parties, evidence can also be secured before it becomes lost or destroyed, and all statutorily required documents have to be filed within Florida’s statute of limitations.
Your lawyer will also deal with insurance companies, which are quick to want to settle you less than you deserve. Slip and fall attorneys, such as Goldman Daszkal, work on a contingency fee in most cases, so you only pay when they get your compensation. With proper representation, your chances of succeeding are significantly improved.
Slip and fall accidents can have devastating consequences on your happiness, wealth, and health. However, slip-and-fall law can be a gateway to justice and compensation.
If you or someone you care about has been injured in a slip-and-fall, don’t wait. Call Goldman Daszkal today to arrange for a free case consultation and begin the process of recovering the compensation that is rightfully yours.
