What is a Slip-and-Fall Accident?

Slip and fall injuries are common. While many of these falls simply bump and bruise the victim, some can leave the victim with severe injuries that result in high medical bills and other damages. Property owners — whether they are business owners or a homeowner — have a responsibility to keep their property reasonably safe. 

Common causes of slip and fall accidents include:

• Wet surfaces
• Uneven surfaces
• Defective sidewalks
• Potholes
• Poorly constructed stairs
• Torn carpet
• Recently waxed surfaces

Common slip and fall locations

While slip and fall accidents could happen anywhere, certain locations are more susceptible to these incidents. The most common locations for a slip and fall accident are department stores and grocery stores. Stores have high volumes of foot traffic and often have unexpected hazards such as slippery floors or cracked sidewalks. 

Property owner’s duty in a slip and fall

Slip and fall accidents fall under premise liability laws. If a property owner knew about an unsafe issue on the property, like a faulty staircase, and did nothing, that person could be sued when someone is injured using it. There are specific rules property owners must follow to create a safe environment for visitors. For example, if someone just mopped the floor, they should place a caution sign to warn others so they do not walk there and slip. Failure to do so may be interpreted as negligence.

Contact the personal injury attorneys at Bernstein & Maryanoff for a free consultation.

Injuries often associated with slips and falls

While any injury could stem from a slip and fall, the most common injuries include the following: 

• Broken or fractured bones
• Sprains
• Strains
• Internal bleeding
• Head injuries
• Back injuries
• Shoulder injuries
• Hand and arm injuries
• Spinal injuries

What to do after a slip and fall accident

Being involved in a slip and fall accident can be a difficult experience. It’s important to take the proper precautions if you find yourself the victim of a slip and fall. Following these steps will allow you to recover the maximum compensation for your losses:

1. Seek immediate medical treatment
2. Report the accident 
3. Document the accident scene 
4. Avoid social media 
5. Keep documents organized  
6. Speak with an experienced slip and fall attorney 

Evidence to gather

Some important evidence to gather includes photographs of the accident scene, documentation of medical bills or other expenses, and witness contact information. Having strong evidence is essential to building a successful case.

Florida’s slip and fall laws

Florida has multiple options for victims of slip and fall incidents to recover a wide range of damages, including both economic and non-economic damages. Florida’s slip and fall laws are quite broad and will permit you to file a personal injury lawsuit against the property owner, file a claim under the owner’s homeowner’s insurance, or file a claim under a company’s commercial liability insurance. 

Florida’s transitory foreign substance law

According to Florida Statute 768.0755, if a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. 

Who is responsible for my damages in a slip and fall accident?

Injuries sustained in a slip and fall accident can be serious. It is not uncommon for victims of slip and fall accidents to break bones or suffer other serious and potentially debilitating injuries. If you have been injured in a slip and fall accident, you should know that you may be entitled to recover compensation for the expenses you incur, including medical bills and lost earnings, both in the past and the future. If the property owner failed to create a safe environment for visitors, the owner may be held liable for any resulting injuries and may be required to pay you compensation.

The team of lawyers and legal staff at Bernstein & Maryanoff in Miami have the resources and experience you need to help you pursue the maximum compensation for your slip and fall injuries. Though our principal office is located in Miami, we represent clients throughout the entire state, with numerous offices across Florida.

We are proud to offer each client a free initial consultation. We will never charge you to tell us about your slip and fall injury accident. Once we know your story, our skilled attorneys can help you build a case. We are always here when you need us. Give us a call today and learn how we can help you recover compensation for your damages after a slip and fall accident.

Was my accident the result of negligence?

One of the key aspects of any personal injury lawsuit is determining whether your accident was the result of negligence. The four elements of negligence that must be established include:

1. A duty was owed to the plaintiff
2. The duty was breached by the defendant
3. The plaintiff was injured
4. The defendant’s breach of duty caused the plaintiff’s injuries

Speak with your slip and fall attorney to determine whether negligence played a role in causing your slip and fall injuries. 

Comparative negligence

Comparative negligence means that, even if the victim is somewhat to blame for the accident, they will still be able to recover damages and receive compensation for their injuries. Some states rely strictly on pure comparative negligence, which means that the compensation is reduced based on the victim’s percentage of fault. Other states rely on modified comparative negligence, which says that the victim is allowed to obtain compensation if the other party’s over 50% at fault for the victim’s injuries.

What damages can be recovered in a slip and fall lawsuit?

While there are many types of damages that a person may recover in a slip and fall lawsuit, the following damages are among the most commonly awarded in these personal injury cases: 

• Medical expenses (past and future)
• Rehabilitation (such as physical therapy)
• Lost wages
• Diminished future earning capacity
• Pain and suffering
• Emotional anguish
• Loss of consortium (effects on your marital relationship)
• Punitive damages (in qualifying circumstances)

Also, if you lost a family member to a slip and fall accident, you can bring a wrongful death claim for damages on your loved one’s behalf.

Is there a statute of limitations on a slip and fall case in Florida?

As with most cases, there is a statute of limitations on slip and fall cases in Florida. A Florida slip and fall case must be filed against the property owner within four years of the date of the accident.

How can a personal injury attorney help me?

The Miami slip and fall attorneys at Bernstein & Maryanoff will use their expertise to help you understand your rights and walk you through the necessary steps to bring a legal claim for compensation. Our legal team takes pride in what they do and can assure you that they never settle for anything less than maximum compensation for your claim. 

Sources: 

FLA. STAT. § 768.0755.

Goguen, D. (2023). A Store’s Liability for slip and fall Accidents.

Goguen, D. (2023). Florida slip and fall Laws.

Negligence Definition. (2023).

The Most Common slip and fall Injuries. (2020).