Hazardous conditions, such as wet floors, broken staircases, or poorly lit areas, are a major cause of serious slip-and-fall accidents in Davie every year. These accidents can result in severe injuries, property damage, and even wrongful death. If you or a loved one has slipped or tripped on someone else’s property and sustained injuries as a result, you may have a right to seek damages from the negligent party. Contact 1-800-Injured to connect with experienced slip and fall attorneys near you for dedicated legal representation.
Causes of Slip and Fall Accidents in Davie, FL
In most cases, when someone slips, trips, or falls, it happens due to unsafe conditions on a property. This falls under premises liability law in Florida, where you can potentially hold the property owner, manager, or tenant accountable if their negligence leads to hazardous conditions.
Florida law requires property owners to maintain safe premises. If you slip and fall due to someone’s negligent actions, you can file a compensation claim against the owner.
Slip and fall accidents occur due to several reasons, including:
- Slipping on a wet or polished floor
- Tripping over obstacles or debris
- Stumbling on uneven surfaces
- Falling over unsecured rugs or mats
- Tripping due to poor lighting conditions
- Falling from broken or loose stair treads
- Slipping on spilled liquids in stores or restaurants
- Tripping over exposed cables or wires
- Falling due to abrupt flooring transitions
- Falling due to missing handrails
Legal Status of Visitors on Another’s Property in Davie
Your status under premises liability law is the most important factor when determining whether or not you have a case. This is generally categorized into three types:
- Invitees: These are people invited onto the property for business or commercial reasons. Property owners owe invitees the highest duty of care, which includes maintaining safe conditions and warning of known dangers.
- Licensees: These people enter a property for social or personal reasons. The duty owed to licensees is to warn them of known dangers that are not obvious.
- Trespassers: These people enter a property without permission or legal right. Generally, property owners owe the least duty of care to trespassers, which is mainly to refrain from willful or wanton harm.
Common Types of Slip and Fall Injuries
When you fall down, you can sustain a range of injuries, ranging from minor to life-altering. The severity of these injuries is influenced by factors like the fall’s intensity or where it occurred. For example, a fall on stairs can be more harmful than on a level surface.
Injuries in such accidents include:
- Knee and ankle injuries
- Traumatic brain injuries (TBI)
- Broken ribs
- Soft tissue injuries
- Disfigurement
- Fractures and dislocations
- Lacerations
- Neck and shoulder wounds
- Burns and bruises
- Whiplash
- Scrapes and cuts
- Pelvic injuries
- Facial injuries
- Other head wounds, including concussions
- Spinal cord injuries
- Internal organ wounds
- Broken bones
In some cases, a fall can be fatal. If that happens, the deceased’s estate may pursue a wrongful death claim against the responsible party for compensation due to the victim’s passing.
What if I Am Partially At Fault?
If you share some blame for your fall in Davie, your ability to recover compensation will be influenced by the state’s modified comparative negligence rule.
As of 2023, if you bear more than 50% of the responsibility for the accident, you are ineligible for any kind of compensation. If your fault is 50% or less, you can still recover damages, but the amount will be reduced proportionally by your degree of fault. Actions like ignoring safety signs, wearing improper footwear, or not paying attention can contribute to your share of the blame.
Working with tenacious personal injury lawyers can help ensure you aren’t unjustly assigned more fault than warranted, which is critical for maximizing your rightful compensation.
Steps to Take After Your Slip and Fall Accident
Following a slip and fall accident, taking the following steps will go a long way to strengthening your claim:
- Promptly seek medical treatment, even if injuries are not immediately apparent.
- Take time-stamped photos of your injuries and the site, or have someone do it for you, especially capturing the hazard.
- If at a business or commercial property, report the fall to the property owner and secure an incident report.
- Gather names and contacts of any witnesses.
- Document the events leading to the fall, including environmental conditions like lighting or wet floors.
- Preserve your clothing and footwear from the fall.
- Consult a seasoned fall accident attorney near you to protect your rights and hold the at-fault parties accountable.
How Is Fault Established in a Slip and Fall Case in Davie, FL?
To successfully argue your claim, your fall injury lawyer will need to prove the following elements:
- Verify your lawful presence at the accident location.
- Demonstrate that the property owner was, or should have been, aware of the hazardous condition.
- Prove the property owner’s failure to address the dangerous situation due to negligence.
- Link the unsafe condition directly to your accident.
- Show a direct connection between the fall and your injuries and losses.
How Long Do I Have to File a Slip and Fall Injury Claim?
According to the new Florida statute of limitations, you have a two-year window from the date of the fall to file your lawsuit. This deadline is applicable for both personal injury and property damage resulting from the fall.
If you attempt to file a lawsuit after two years, the court is most likely to dismiss your case. While there are exceptions to the statute of limitations, they are not common. Exceptions might include situations where the injury was not discovered immediately or the fall injury victims suffered certain injuries that prevented them from filing sooner.
Even if you plan to settle out of court, being within the statute of limitations period is essential. If you wait until the statute has expired, the property owner will have no legal expectations to cooperate with you.
It’s best to consult with an experienced attorney as soon as possible after your accident, especially since preparing and filing a lawsuit can be a time-consuming process. The sooner you take action, the more time your legal team will have to collect solid evidence like medical records, fall accident reports, witness statements, and any other relevant information that can support your premises liability case.
How a Davie Slip and Fall Lawyer Can Help You
If you are seeking maximum compensation for your injuries, hiring an experienced slip and fall attorney is a prudent decision — whether you are leaning towards a settlement or a court battle. A fall accident lawyer can help you in the following ways and more:
- They will meticulously examine the accident site, gather evidence, and sometimes engage specialists to uncover the true cause of your fall.
- They will dissect the details to determine if the property owner failed in their duty of care, thereby being liable for your injuries.
- They will make sure that critical evidence is preserved and accessible for your case. This is especially important in cases where the accident occurs in a less public area, under the control of the at-fault party.
- They will consider long-term impacts like future medical bills, lost wages, and pain and suffering to calculate the full extent of your claim.
- They will handle all legal formalities and represent your interests if your case goes to trial.
Get Legal Representation for Your Slip and Fall Case in Davie, Florida
In the aftermath of a devastating slip, trip, or fall, whether it led to your own injuries or the unfortunate loss of a loved one, having a team of established personal injury attorneys on your side can help you get the justice and compensation you deserve. 1-800-Injured connects you with proven slip-and-fall accident attorneys in Davie, FL. Complete this contact form or call 1-800-Injured today.
DISCLAIMER: 1-800-Injured is an attorney and medical referral service.