What is a Slip and Fall Accident?
Slip and fall accidents are covered under the umbrella of premises liability and injury law and pertain to falls that occur due to hazards that the building owner or caretaker should have addressed. Slips and falls usually happen due to the following:
- Slippery floors due to spills or weather conditions such as rain, snow, or ice being tracked inside
- Uneven surfaces, such as torn carpets or unmarked raised surfaces
- Cracked sidewalks
- Broken stairs
- Missing handrails
- Unstable flooring, such as broken tiles or floorboards
- Products falling from shelves
- Cluttered hallways or aisles
- Dimly lit areas
Injuries commonly seen from slip and fall accidents include but are not limited to:
- Fractures and broken bones
- Traumatic brain injuries
- Concussions
- Lacerations
Does Visitor Status Affect Liability?
All property owners have an inherent and legal duty to protect all visitors and guests on their property from serious injury or death. This obligation extends only to certain classes of visitors.
Visitors are divided into three categories:
- Invitee: An invitee enters the property for the owner’s benefit, usually to exchange goods or services. Invitees may include patrons of an establishment or a plumber hired for a repair. This classification of visitor is owed the highest duty of care from property owners and must be sufficiently warned of any hazards present on the property.
- Licensee: A licensee is an individual who has been invited onto the property for the shared benefit of owner and guest, such as a friend, family member, or other social interaction who is there for a non-business purpose. Property owners are required to exercise sufficient care to prevent injuries to a licensee for any known hazard on the premises.
- Trespasser: A trespasser is any person who has accessed a property without permission from the owner. While property owners cannot intentionally injure a trespasser and must ensure reasonable safety once the trespasser’s presence has been made known, the owner is not required to mark hazards from trespasser safety.
The biggest exception to the duty of care owed to trespassers is in relation to children who sustain injuries or loss of life while trespassing. An “attractive nuisance,” such as an outdoor playset or swimming pool, is the owner’s responsibility for ensuring that children cannot easily access the premises while unsupervised.
How is Liability Proven in a Slip and Fall Accident?
Liability is based on negligence or recklessness by the property owner. Establishing negligence relies on proving the following four elements:
- Duty of care: The property owner owed the visitor an expectation of care and safety.
- Breach of care: The property owner did not uphold the expectations of care, and a hazard was present.
- Causation: The breach of care was directly responsible for the fall, and without the violation of duty, the accident would not have occurred.
- Damages: Damages represent the monetary loss suffered by the visitor due to the negligence of the property owner.
Comparative Negligence
The State of Florida implements a policy of modified comparative negligence that allows victims to receive compensation for injuries even if they were partly at fault for the accident.
Modified comparative negligence means that if a visitor was found to be no more than 50% at fault for an accident, then they are still able to recover damages. However, if they are 51% or more at fault, they will be barred from compensation.
Additionally, the percentage of fault of the visitor will be reduced from the final damages awarded. For example, if a visitor were found to be 20% at fault for a slip and fall injury and was awarded $50,000, then that would be reduced by 20%, and they would only receive $40,000.
How Can Negligence be Proven?
A property owner has an inherent duty to maintain a reasonable standard of safety on their property and to remedy hazards in a timely manner. To prove an owner’s negligence, a victim will have to prove that either:
- The property owner should have been aware of the hazardous condition.
- The property owner or employee knew of the hazard but did not fix it.
- The property owner caused the hazardous condition.
Other evidence that may be useful in a slip and fall case are:
- Medical records
- Medical bills
- Receipts for out-of-pocket costs
- Accident reports
- Witness statements
- Security camera footage
- Pictures of the hazardous condition
What Compensation may be Recovered From a Slip and Fall Accident?
Each case is different. Damages may vary based on the severity and circumstances of each unique case. Possible compensation may include the following:
- Medical bills to date
- Future medical costs, such as prescriptions, surgery, or rehabilitation
- Lost income
- Reduced earning ability
- Miscellaneous healthcare costs
- Pain and suffering
- Loss of enjoyment of life
- Disability
How Long Do You Have to File a Claim?
The timeframe in which a case may be brought to court is referred to as the statute of limitations. Typically, for slip-and-fall accidents, a claim must be filed within two years of the date of the accident. Claims submitted outside of this timeframe are usually barred from trial, with certain exceptions.
Do You Need an Attorney?
If you or a loved one have been the victim of a slip and fall injury and would like to pursue justice, you do not have to take on this fight alone. Here at Piedra Injury Law, we have the experience and knowledge to fight for your rights and recover every penny you are owed. Call us today at 786-305-3658 or fill out a contact form to schedule your free consultation.
