How Do You Win a Slip and Fall Case in Florida?
Winning a Florida slip and fall injury case requires gathering and presenting strong evidence to show the property owner or another liable party acted negligently and this caused your injuries. This can be difficult to do on your own, especially while you are recovering from serious injuries.
Having a Florida slip and fall lawyer on your case is the best option to ensure your rights are protected and you have compelling evidence to prove the case against the property owner or occupier. They can handle your Florida premises liability case while you finish your treatment, rehabilitate, and heal.
How Do You Win a Slip and Fall Case in Florida?
Property owners and lessees have a duty to keep their buildings and grounds free from preventable safety hazards, such as issues that could cause trips, slips, and other fall injuries. If someone trips or slips and falls on a preventable hazard, they must prove:
- The dangerous condition or hazard existed.
- The defendant, often the property owner, knew or should have known about the hazard.
- They did nothing to protect guests from the hazard.
- The hazard caused the fall.
- They suffered injuries and financial harm as a result.
For example, imagine there was a leak in the freezer aisle of a grocery store. The management knew about the leak and had even called in someone to make repairs. However, no one cleaned up the spill or placed a “wet floor” sign near the hazard. If a customer slips in the water, they would likely have a viable slip and fall case against the store.
Another example might be a spill in a local restaurant. Employees walk around the spill to take orders and deliver food. Only after a customer slips in it and suffers injuries does a restaurant employee clean up the spill. The customer could pursue a case based on their fall injuries.
How Will a Premises Liability Lawyer Build a Slip and Fall Case on My Behalf?
When a premises liability attorney handles a Florida slip and fall case, they must investigate what happened and document the property owner or occupier’s negligence. This requires knowledge, skills, experience, and resources. Our law firm’s investigators know what to look for and what they need to show to have a compelling case.
When a victim dies from their slip and fall injuries, a wrongful death lawyer can help surviving family members seek and secure compensation. These cases require the same proof of what happened and who is liable as injury cases, although the recoverable damages and process to file a lawsuit may be somewhat different.
What Type of Evidence Is Common in Florida Slip and Fall Cases?
When you trust our Florida personal injury lawyers with your slip and fall accident case, we will identify and preserve evidence to support your financial recovery. The evidence in the case will depend greatly on the circumstances, but could include:
- Video of the incident
- Eyewitness accounts
- Any official records, such as reports from first responders and relevant medical records
- Pictures of the dangerous condition or accident scene
- Records related to any similar hazards or accidents
- Documentation of damages
The goal of an investigation is to gather convincing evidence to show the insurance company or judge and jury what happened, why, and who is legally responsible. Generally, documenting the hazard and that the property owner knew or should have known about it are the most important factors.
For example, imagine a slip and fall injury in a big box store. A spill caused by another customer was the hazard. However, videos from the store’s cameras show several staff members walking past the spill in the few minutes before the slip and fall. These videos show:
- The hazardous condition existed.
- Staff were aware or should have been aware of the hazard.
- The hazardous condition caused the fall.
Can I Handle My Florida Slip and Fall Claim on My Own?
You can handle a slip and fall injury claim on your own. However, we don’t recommend it. This requires a lot of resources that individuals generally do not have access to. This includes:
- Experience: Experience with similar cases ensures they know how to navigate the process and build a strong case against the liable party or parties.
- Time: Investigating an injury accident and building a case take time. Many victims need to focus on their treatment and recovery or returning to work and their usual activities, making it difficult to commit the time necessary to build a robust case.
- Money: Law firms use their own financial resources to invest in investigations and develop a compelling case. Many victims do not have extra cash to pay for an investigation, including fees to obtain documents, manage depositions, and hire experts.
- Networks of experts: Law firms have a network of doctors, specialists, and other experts they can call on as needed in these cases. Individuals generally lack access to these experts and other resources when they try to build their own cases.
- Negotiation skills: The insurance company will likely offer you less than you deserve, and you may need to negotiate to get a fair settlement. Without negotiation skills or experience, you may end up accepting much less than you deserve.
Of course, when you pursue compensation in your own injury case, you may also find that you are too emotionally invested in the outcome of the case to look at things objectively. Having a personal injury attorney on your side can ensure you understand what to expect and know your rights.
How Long Do I Have to File a FL Slip and Fall Lawsuit?
Florida slip and fall lawsuit timelines generally have a statute of limitations that sets the deadline for filing a personal injury lawsuit. Per Fla. Stat. § 95.11, injury victims in Florida generally only have two years from their injury date to file a complaint and begin a lawsuit against the property owner, party who leases the property, or another liable party. A two-year deadline also applies to wrongful death cases.
If you contact our personal injury law firm early enough, we can manage these deadlines for you.
Discuss Your Florida Fall Injuries With Our Team for Free Today
Meldon Law provides free consultations for victims hurt in Florida slip and fall accidents. Our team members can assess your legal options and explain how our slip and fall lawyer could help with your case. Contact us today to get started. Our team understands how these cases work and will fight for the best possible outcome.
