A Comprehensive Guide To Slip & Fall / Premises Liability Cases - For Consumers & Lawyers

When someone goes on another person's property, it is reasonable for them to expect to not get injured. This means that property owners, or non-owner residents, are held responsible for maintaining a relatively safe environment. The body of law that deals with such law suits is referred to as "premises liability".

Spilled liquids in a grocery store. Cracked pavement in a parking lot. Misplaced items blocking a path. Occurrences like these happen all too frequently and lead to slips and falls and premises liability lawsuits. Approximately one million Americans suffer from slip and fall accidents each year and unfortunately many go unresolved.

For years it has been well established in the state of Florida that a business owner owes two duties to all invitees: To use reasonable care in maintaining its premises in a reasonably safe condition To warn the invitee of concealed dangers that are unknown to the invitee and cannot be discovered through the exercise [...]

Premises Liability In Florida property owners are expected to maintain the premises and keep the property safe for visitors. They are required by law to fix any hazards on their property and at the very least adequately warn guests of any dangers. In Florida a landowner can be considered negligent when they knew or should [...]

When you are a customer shopping in a store, or you are renting an apartment from a landlord, you expect that the store or your apartment and the areas around the place where you live to be kept in a safe condition that will prevent you from being injured.

In a trip and fall lawsuit, there is nothing that will guarantee an award of any amount, let alone a substantial award. Many personal injury attorneys are skilled in estimating if value exists in these cases and have a good idea what the value of the case is, but much of it is determined in the initial consultation with a potential client. The potential plaintiff must be truthful in the facts surrounding the accident. The attorney needs to be convinced of the same validating points required as proof to a jury. Was there a trip and fall accident? Did the accident cause the injuries to the plaintiff? What is the extent and severity of the injuries? Was the defendant wholly or partially responsible for the accident due to negligence?

Any store that welcomes customers onto the property has a duty to keep them reasonably safe. An “unreasonable” condition that contributes to a fall can lead to an injury claim against the store.  Whether it’s a “big box” nationwide chain, a grocery chain or a local independent retailer, any business that invites the public onto its premises is obligated to take certain steps to keep customers out of harm’s way. Customers who are injured in slip and fall accidents on store premises may have a valid legal claim against the business.

Accidents in which a person slips, trips, or falls are one of the most common ways in which people sustain accidental injury in the United States. In fact, according to the National Safety Council (NSC), nearly 9 million people visit emergency departments around the country to seek treatment for injuries that they have sustained in a trip and fall accident. Being injured in this way can leave victims scared, confused, unable to work, and with significant medical bills, as well as with many questions about what to do next. Below, we have tried to answer many of the questions we commonly hear from clients who contact us in order to retain legal representation after a slip and fall accident. For specific advice regarding your case, call our Clearwater office today. We never require legal fees from our clients prior to obtaining compensation on their behalf, so do not hesitate to schedule an appointment with one of our trip-and-fall lawyers.

Chances are, you’ve slipped and fallen and hurt yourself at one point or another. Slips and falls serious business. They are the leading cause of emergency room visits in the United States, accounting for 20% of all ER visits. They are also the leading cause of worker’s compensation claims. Each year, one out of every three people over the age of 65 will experience a fall, making slip and falls particularly dangerous for the elderly.

The most obvious and serious pool-related injury is drowning, and the risk of drowning is especially serious for children. In fact, drowning is the leading cause of unintentional death among children one through four years old. The Centers for Disease Control and Prevention (CDC) estimates that there is an annual average of 390 drowning deaths in pools and spas among children under 14 years old. Seventy-six percent of those deaths involved children younger than five years old, and 67 percent involved children between one and three years old. The state of Florida bears the dubious distinction of having the highest number of pool deaths among children in the nation, with 50 children under the age of 15 years old drowning in 2014. As is to be expected, most of these deaths occur in the warm months from May through August, when pool usage is at its highest. While drowning is the most severe pool-related injury a person can suffer, pools can cause a number of other serious injuries, including slips and falls.

Slipping,tripping, and falling can happen anywhere where a person is standing or walking inside or outside. Most of us have experienced a trip and fall accident1 at some point in our lives. In most instances, these accidents result in minor or even non-existent injuries. In some cases, however, the injuries that people sustain in slip and fall accidents are serious and require intensive medical care. This is particularly true for certain populations, including older adults and people with certain medical conditions that make them particularly vulnerable to injury.
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How common are slip and falls in Florida?
More common than you might think. Most slip and falls go unreported, mainly because people do not know their rights and what remedies they may have. That is why it is important to understand your rights, and to know when you should go speak to an attorney. As far as those slip and falls that are reported, the number is into the tens of thousands. Each case is different and presents its own set of circumstances. The true value of a case, or its chances of success vary greatly depending on the facts. There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor that can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground.
According to the National Safety Council and the Bureau of Labor Statistics:

A slip and fall can happen anywhere–at work, at home, at a friend’s house, at the shopping mall, or even at your place of worship. Slipping and falling can lead to serious and sometimes permanent injuries, especially for children and the elderly. The Occupational Safety and Health Administration (OSHA) estimates that slips, trips, and falls account for 15% of all accidental deaths in the United States, which puts them in second place behind car accidents. The good news is that, in many cases, the person or business who owns or manages the land that a person slips and falls on is legally responsible for preventing those kinds of accidents. If they fail to do so and someone gets hurt, they could expose themselves to liability.

Slip, trip, and fall accidents are some of the most common accident types, happening every year to people of all ages throughout the state of Florida. Liability for a slip and trip accident - and who will be responsible for paying for your medical bills and other losses - depends upon the location of the accident, the circumstances surrounding the accident, and the duty of care that a property owner owes to you.

Negligent Acts of Property Owners
A premises liability claim arises when a property owner is negligent and injury to another person results. Property owners have the legal duty to keep their premises in a reasonably safe condition to avoid injuries to visitors. This duty exists for store owners, other types of business owners, schools, government entities, and residential property owners. Some examples of common premises liability claims involve swimming pool accidents, falls down stairs, exposure to toxic chemicals, and more. The most common premises liability claim is a slip and fall accident.
Slip and falls often arise from negligent conditions including the following:
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When you think of slip and fall injuries, you probably imagine broken bones, sprained ankles, and strained tendons. But some falls can cause serious head injuries, ranging from mild concussions to more life-altering brain injuries. Slip and fall victims should carefully assess if anyone is responsible for their falls and meet with a personal injury attorney to discuss possible compensation.

Traumatic Brain Injuries
Inside our skulls, fluid surrounds our brains, acting as a cushion to prevent the brain from making contact with the insides of our skulls. However, any jarring motion can potentially cause the brain to contact the skull anyway. You can also suffer a traumatic brain injury if an object penetrates the skull, such as a bullet or metal stake. Depending on the severity of the jolt to your head, you might suffer from mild or more severe brain injuries.
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A slip, trip, or fall can take place almost anywhere. In public or private, on land or on water, in a store or out in the parking lot—slippery conditions and hazards exist everywhere. Sometimes, victims can avoid open and obvious hazards. Other times, landowners or store managers fail to keep their premises in safe conditions. Florida legally obligates homeowners to maintain their properties in reasonably safe conditions. In some circumstances, this may also extend to a duty to warn guests about unsafe conditions on the premises that the homeowner is aware of, but that visitors may not readily notice. The extent of a homeowner’s legal duty of care—as well as the determination of whether the homeowner took any “reasonable” safety precautions—depends entirely on the specific facts of a slip and fall injury.
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New Port Richey Slip and Fall Claims
When a visitor or tenant living on another person’s property suffers serious or life-changing injuries in a fall, the property owner or management company could be held legally responsible. However, the victim and his or her attorneys must prove that the property owner or manager’s negligence or recklessness led them to suffer a significant injury that resulted in hospitalizations or extensive medical treatment. In cases involving slip and fall accidents, victims must prove that either:The property owners failed to maintain the property.
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When you go out shopping, probably the last thing you imagine will happen is that you will end up in the hospital. Nevertheless, thousands of people are injured in shopping malls every year. Slip and falls, as well as trip and falls, can leave victims in incredible pain and very worried about their futures. Thousands of people visit shopping malls each day, whether to go to a specific store or to wander around. Malls can have a wide variety of establishments including smaller boutiques, large department stores, restaurants, and movie theaters. Some malls even have bars, comedy clubs, and other forms of nightlife and entertainment. There is a lot of ground to cover in a mall and a slip and fall can happen when you least expect it.
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Slip and Fall Accidents in a Home
Florida legally obligates homeowners to maintain their properties in reasonably safe conditions. In some circumstances, this may also extend to a duty to warn guests about unsafe conditions on the premises that the homeowner is aware of, but that visitors may not readily notice. The extent of a homeowner’s legal duty of care—as well as the determination of whether the homeowner took any “reasonable” safety precautions—depends entirely on the specific facts of a slip and fall injury. A jury may decide that a homeowner unreasonably failed to warn guests about a slippery walkway. An insurance company, on the other hand, may deny liability in the same case, claiming that water or ice presented an obvious hazard and that the victim should have avoided the condition without a warning from the homeowner. Because a homeowner’s liability depends so completely on the specific facts of an injury, injury victims need a legal representative who can advocate for their claims.
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The Importance of Evidence
You might know that the burden of proof in criminal trials is proof of guilt “beyond a reasonable doubt.” Fortunately, you have a lower burden of proof in a civil case, such as your personal injury lawsuit. Instead, your burden is only “a preponderance of the evidence.” Essentially, this means that the defendant, more likely than not, caused your injuries.
However, this lowered burden doesn’t mean you don’t need high-quality evidence. The last thing you want is a “he said/she said” situation where the jury must decide which person is telling the truth—in those cases, juries may let defendants get away without paying anything. Fortunately, a skilled personal injury lawyer can help you gather the evidence you need to build a strong case.
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Proving Slip and Fall Claims With Evidence
It’s safe to say that we have all slipped and fallen a few times in our lives. Whether it’s a child’s toy, a dog’s bone, or some spilled milk, many slips and falls result in nothing more than a bruise. However, when you slip and fall outside of your home, especially on concrete, in a construction zone, or when you are out to dinner, the nature of those injuries may be more severe.

As the plaintiff in an action for personal injuries after a slip and fall accident, you will have the burden of presenting the court with specific evidence that supports both a defendant’s liability for your fall and shows that you were not negligent. For example, what if you spilled the water you slipped on at the restaurant? A Florida personal injury attorney can help you sort through the evidence needed in a slip and fall matter, but much of this evidence must be gathered almost immediately after the accident, and you may not have time to consult an attorney regarding such.
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A Florida Slip and Fall Lawyer Evaluates Actual Cases of Trip and Fall Injuries
When a person is injured in a trip-and-fall accident, there is nothing that will guarantee an award of any amount, let alone a substantial award. Many personal injury attorneys have developed the ability to estimate if value exists in these types of cases. But this can only be done if the attorney has all the details and they are provided with an honest representation of the slip-and-fall incident.

How an Attorney Begins to Determine the Value of a Slip and Fall Case
Personal injury attorneys use their experience from past cases to get an initial idea of what the value of a slip-and-fall case might be. This is determined in the initial consultation with a potential client. It is during this meeting that an attorney and an injured victim sit down to discuss the details of what happened and work through all the possible avenues and options. During this consultation, it is important that the potential plaintiff be truthful in the facts surrounding the accident. It only hinders the potential case if facts are missed, truths are embellished, or if important details are left out.

During an initial consultation, a personal injury attorney is analyzing the case to see how convincing it might be to a potential jury. The attorney must be convinced of the same validating points of the case that the will serve as proof to a jury in the future.

Does this event qualify as a trip and fall accident? Did the accident cause the injuries to the plaintiff? What is the extent and severity of the injuries? Was the defendant wholly or partially responsible for the accident? Was the defendant negligent?

These are all questions that the attorney will be seeking answers to during the consultation. These answers will be paramount in deciding the true value of a slip-and-fall case.
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