Slip and fall Accident Attorney

In the USA, annual visits to the ER for slip and fall accidents make up over a tenth of all fall-related injuries. Slip and fall accidents are a leading cause of personal injury in the United States and can cause grievous injuries. A slip and fall accident is a personal injury case generally categorized under the broader term of premises liability claims. The term "slip and fall" is used for cases where an individual is injured by tripping or slipping while on another party's property.

While no particular difference is seen in fall fatalities between men and women, cases in which a woman experiences a slip-and-fall accident tend to be on the higher side. One in three people in these accidents is over the age of sixty-five, making the elderly the most vulnerable group for such accidents.  

The most common consequence of a slip and fall accident include broken bones, tendon and ligament tears, and nerve damage, with hip fractures being the most common type of fracture. Various conditions contribute to both indoor and outdoor slips and fall. Some of them are:

  • Poorly lit areas making changes in floor height or other hazards difficult to perceive
  • Freshly mopped floors or floors with spilled liquids without a warning sign
  • Items in stores stacked to dangerous heights
  • Walkway obstacles that reasonably should have been removed
  • Floor height differences with no warning signs
  • Narrow staircases
  • Uneven surfaces on sidewalks
  • Potholes on outdoor surfaces
  • Slippery floors or sidewalks caused by snow, ice, or rain

Proving slip and fall accidents can be surprisingly tricky. Cases usually involve many unique circumstances making it difficult to prove using precedents from past cases. Compensation for these cases is highly dependent on whether you are able to prove that the accident was caused by the carelessness of the premises owner in maintaining their property adequately. Moreover, you must prove that the owner was aware of the dangerous condition and took no action to address it, or the condition must have existed for a sufficient time that the owner should have discovered and rectified it. The dangerous condition in question must pose a risk to your safety and be a condition you could not anticipate reasonably. Furthermore, you will be required to prove that you took reasonable precautions to avoid a fall in the given circumstances.

A slip-and-fall accident can possibly take place anywhere. It is important to be aware of danger and take necessary precautions for your safety. However, despite taking every precaution, accidents still occur. Some places are seen to be more prone to slip-and-fall accidents than others. These include:

  • Grocery stores
  • Curbs
  • Shopping malls
  • Public restrooms
  • Construction areas
  • Stationary sidewalks
  • Escalators or moving sidewalks
  • Nightclubs
  • Slippery areas around swimming pools
  • Bars and restaurants
  • Themes parks

Florida laws state that individuals injured in a slip and fall accident must file a case within four years from the time of the accident. However, this statute of limitations doesn't apply to individuals injured in the workplace who are filing for worker's compensation. Slip and fall accidents may also result in death. Surviving family members of a person who has passed away owing to a slip and fall accident can file a case for wrongful death two years from death, even if the accident occurred much earlier.

The statute of limitations would differ if the accident occurred on a government-owned property. The notice requirements and timeframes are typically shorter, making it difficult to claim compensation. If the victim in a slip and fall accident is minor, the four-year time limit doesn't start until the minor reaches eighteen years of age.

Regardless of the circumstances involving a slip and fall accident, hiring an attorney to represent your case will dramatically increase your chances of a fruitful claim.

Florida is a pure comparative negligence state for slip and fall accidents. Hence the compensation you may be entitled to may be reduced according to the percentage of your fault in causing the accident. Damages may include:

  • Medical expenses, including hospital, surgical, physician, rehabilitation, prescription drugs
  • Loss of wages or future earnings depending on the extent of your injuries
  • Pain and suffering
  • Diminished quality of life
  • Punitive damages, if there was malicious or willful negligence involved
  • In addition to all these factors, Florida laws also consider various other circumstances in slip and fall claims, such as:
  • Duty of care: The injured party must establish that the property owner or occupier owes them a duty of care. In simple terms, a legal responsibility to maintain a safe environment for visitors or customers.
  • Breach of duty: A plaintiff must demonstrate that the property owner or occupier breached their duty of care, such as failing to address a hazardous condition or failing to warn visitors about potential dangers.
  • Causation: A causal link between the property owner's breach of duty and resulting injuries must be established. This requires demonstrating that the hazardous condition caused the slip and fall accident.
  • Damages: The injured party must demonstrate that the injuries they have sustained suffer due to the slip and fall accident. This can include medical expenses, lost wages, pain and suffering, and other related costs.

If you have been injured in a slip-and-fall accident, your mobility has probably been temporarily or permanently affected. Besides the various complex factors of a slip and case, mobility issues may also pose difficulties in your claim process. These cases depend heavily on expert opinions and witnesses to prove liability. These can be challenging to gather on your own.

You need an experienced attorney on your side in order to get the compensation you deserve. Injury Assistance Network understands that finding a good attorney can be difficult, especially after an injury.IAN's team of efficient and sympathetic representatives is available 24/7 to guide you on legal services and assist you in finding the best attorney to represent your case.

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