You never think it’s going to happen to you, but slip and fall accidents occur every day. While these types of incidents may seem straightforward, they are often more complex than they appear. In addition to recovering from your injuries, you may be dealing with mounting medical bills, doctor appointments, missed time at work, and insurance companies, all while trying to understand your legal rights.
On top of all that, proving a slip and fall claim is more difficult than you might initially expect. Simply slipping and getting injured on someone else’s property does not automatically make the property owner liable. To recover compensation, you must prove that the property owner or manager was negligent and that their negligence directly caused your injuries. Building a strong claim requires compelling evidence, timely action, and a clear understanding of Florida premises liability law. Our Florida slip and fall lawyers at Ginnis, Krathen, & Zelnick are here to help you understand your rights and pursue the compensation you deserve.
Why Slip and Fall Accident Claims Are Hard to Prove
Slip and fall accidents are hard to prove in Florida because the burden of proof is on the injured victim. You must show there was a dangerous condition on the property (like a wet floor or broken railing) which the property owner either knew or should have known about and failed to address in a reasonable amount of time. You must also show the condition was not one a reasonable person would have anticipated or easily avoided. Proving what the property owner knew and when they knew it can be challenging.
How Property Owners Defend Slip and Fall Claims
Property owners and insurance companies will also look to make things more difficult on the victim by using several defenses to avoid liability. One common argument is the slip and fall injury was a result of the injured person acting carelessly (maybe they were looking down at their phone when the incident occurred). They may also claim the hazard was “open and obvious,” meaning a reasonable person should have noticed and avoided it.
Successfully countering these arguments requires strong evidence demonstrating how the accident occurred and why the property owner failed to maintain reasonably safe conditions. An experienced slip and fall lawyer, like ours here at Ginnis & Krathen, will build a strong case from the outset, maximizing your chances of securing the compensation you deserve.
How Florida’s Comparative Negligence Law Impacts Slip and Fall Cases
Florida used to be a pure comparative negligence state. Under the old law, if you were partially at fault, you could still recover the percentage of damages the other party was responsible for.
However, in March 2023, Florida adopted a modified comparative negligence rule. If you are found to be more than 50% responsible for causing your own injuries, you generally cannot recover compensation. Because insurance companies often try to shift blame onto the injured person, having strong evidence is critical, and our team is here to help you build your case.
What You Should Do After a Slip and Fall Accident
If you have been involved in a slip and fall accident, here are five essential steps you can take to protect yourself:
- Report the accident immediately – Notify the property owner and ask them to document the time and place you were injured.
- Document the scene – Take photos or videos or the conditions of the area before things change.
- Collect witness information – Ask witnesses or employees for their names and contact information.
- Seek immediate medical attention – Medical records help establish the extent of your injuries and connect them to the accident.
- Consult with a slip and fall accident attorney – A slip and fall accident attorney can preserve evidence, establish liability, negotiate with insurers, and pursue the compensation you deserve.
Florida Slip and Fall Accident FAQs
What are the most common reasons for slip and fall accidents?
Slip and fall cases can be difficult to prove because there needs to be evidence the property owner is at fault. You’ll need to show that the property owner was aware of a hazardous condition and failed to correct it or that they caused the hazardous condition.
Some common causes of slip and fall accidents might include:
- Torn carpeting
- Broken or uneven tile
- A wet or soiled floor
- Poor lighting
- An unmarked step up or down
- A broken or cracked sidewalk
- Paths that are slippery with rain
- Any hidden hazards, like a grass-covered hole in the ground or a weak deck board that gives way when you step on it
The experienced Florida slip and fall attorneys at Ginnis, Krathen, & Zelnick can evaluate the circumstances of your accident and let you know if you have a case, and whether or not you are owed compensation.
How long do you have to file a slip and fall claim in Florida?
In most cases, Florida law gives injured individuals two years from the date of a slip and fall accident to file a personal injury lawsuit based on negligence. This two-year deadline applies to most claims arising on or after March 24, 2023, when Florida’s statute of limitations was shortened from four years to two years.
Certain exceptions may extend the filing deadline in limited circumstances, such as for when the injured person is a minor, is legally incapacitated, or if the defendant left the state. However, there is no guarantee a judge will grant you an exception. It’s important to speak with an experienced attorney as soon as possible to file your claim on time.
What are the available damages in slip and fall cases in Florida?
If your slip and fall accident was caused by someone else’s negligence, you may be eligible for compensation for your financial losses and the personal impact of your injuries. These are known as economic and non-economic damages.
These types of damages may include:
- Medical expenses, including future medical care
- Lost wages and lost earning capacity
- Rehabilitation and other injury-related expenses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In rare instances of intentional misconduct or gross negligence, punitive damages may also be available. Florida law generally does not limit how much you can recover in economic or non-economic damages. However, there are strict limits on punitive damages, unless you can prove the defendant specifically intended to harm you and actually did harm you, in which case there is no cap on punitive damages.
Contact a Florida Slip and Fall Lawyer for a Free Consultation
Not every slip and fall results in a claim for compensation, which is why it is important to have an experienced attorney evaluate your case as soon as possible. At Ginnis, Krathen, & Zelnick, our Florida slip and fall lawyers understand how to investigate these claims, preserve critical evidence, and hold negligent property owners accountable.
If you or a loved one has been injured in a slip and fall accident, contact our Fort Lauderdale personal injury attorneys today to schedule a free consultation.