Accidents involving slip-and-fall can occur in an instant. All it takes is a wet or uneven floor, a loose ceramic tile, or a slick surface. The aftermath of a slip-and-fall accident can be complicated. You may wonder if you can file a claim if you are injured on someone else’s land.
It is important to understand your legal rights, and the role that property owners play in your case. This guide will walk you through what you need to do and know if you have suffered a slip-and fall injury.
What makes a slip-and-fall case viable?
Not all falls result in a successful claim for personal injury. For a case to be viable, there are certain conditions that must be met.
- Dangerous Conditions– The property must have had a dangerous condition (like a spill or broken step).
- Knowledge– The owner of the property (or the person responsible for it) must have been aware or should have reasonably been aware about the danger, and yet failed to warn you or fix it.
- Injury– You must have sustained a physical injury from the fall.
If you trip over your own shoelaces in a shop, for example, it’s unlikely that the store is liable. If you slip on a puddle which has been there for several hours and is not marked, it’s another story.
What are the responsibilities of property owners?
In Florida, property owners and managers are required by law to provide a safe environment for their guests and visitors. This duty includes the following:
- Regularly inspecting your property for hazards
- Clean up spills and fix broken floors within a reasonable amount of time
- Place warning signs near hazardous conditions
- Make sure that stairways, walkways and lighting are safe
Your level of responsibility can also differ depending on why you are on the property. In the case of invited guests, such as shoppers in a shop, they are owed more responsibility than trespassers.
What to do After a Slip and Fall Injury
What you do after an injury on someone else’s land can have a significant impact on your ability to receive compensation.
- Seek medical attention
You should always put your health first. Get checked out by a doctor, even if you think your injury is minor. Some symptoms may take several hours or even days to manifest. - Report an Incident
Inform the owner or manager of the property what happened. You can ask them to write a report and get a copy of it for your records. - Document Scene
Take photos of your fall and any injuries. Note the date and time as well as any other conditions that may have been involved (such lighting or weather). - Gather Witness Information
Ask for the name and contact information of anyone who witnessed your fall. They can confirm your version of the events. - Do not make statements too soon
Do not discuss the incident until you are confident about your rights. Even casual remarks can be used to minimize your injuries or shift the blame.
Understand the time limit
In Florida, the statutes of limitation for filing a lawsuit for personal injury is usually two year after the date of accident. You may lose the right to compensation if you wait too long.
What can you be compensated for?
You may be entitled to compensation for:
- Medical Bills (past and Future)
- Reduced earning potential or lost wages
- Pain and suffering
- Emotional distress
- Disabilities or scarring permanent
The amount you receive depends on how serious your injuries are, what impact they have on your life and whether or not liability can be established.
Final Thoughts
You don’t need to face the aftermath of a slip-and-fall accident alone. It can be frustrating, painful and financially draining. Understanding your rights, and taking action early can make a big difference when it comes to holding a negligent owner responsible and receiving the compensation that you deserve.
This post was written by a professional at Jeanette Secor, PA Attorney At Law.
For over 20 years, the law office of Jeanette Secor, PA in St. Petersburg, FL, has been the go-to choice for those seeking justice after an injury. Renowned as st petes slip and fall lawyer, Jeanette Secor has a proven track record of successfully representing clients in car accidents, motorcycle accidents, and slip-and-fall incidents.
