In many cases, a slip-and-fall accident causes only minor bumps and bruises. Unfortunately, this is not always the case, and a fall can result in severe injuries to the victim. One of the most common personal injury claims filed in Kendall is for slip and fall accidents. If a property owner acted negligently and you suffered a fall due to their actions, a lawyer can fight for the compensation you deserve.
1-800-Injured is a lawyer and medical referral service that can connect you with established personal injury attorneys who are ready to help you with your premises liability case.
How a Slip and Fall Accident Can Be Caused By a Property Owner
Sometimes people trip. In these instances, no one’s to blame — it just happens. However, property owners often act carelessly and fail to remove hazards. There are many ways this can occur, but some of the more common causes for slip and fall injuries include:
- Trip hazards, such as torn carpets or rolled rugs
- Leaks, tracked liquids, or spills
- Uneven surfaces
- Cracks in paved areas, such as sidewalks
- Curbs or steps without proper hazard warnings
- Stairs without handrails
- Extension cords or other trip hazards in a walkway
- Poorly maintained or constructed handrails
- Broken tiles, potholes, and other property maintenance issues
Common Slip and Fall Injuries
While most injuries can be minor in a slip and fall accident, many people — especially older adults — suffer much more severe injuries, including:
- Head injuries: A traumatic brain injury could range from a minor concussion to a severe injury, causing mood changes, ongoing seizures, cognitive impairment, or other debilitating symptoms.
- Back and spinal cord injuries: The impact from a slip and fall can cause herniated or slipped discs or fractured vertebrae, significantly limiting mobility and causing severe pain.
- Hip fractures: Surgery is typically required to mend a hip fracture, followed by extensive rehabilitation at a nursing home. Surgery could include the need for an artificial hip to be implanted.
- Sprains and fractures: Falling, tripping, and slipping can lead to twisting an ankle or knee and spraining connective ligaments in the joints. Landing on the floor or ground creates a heavy impact that could break bones. The most common fractures that happen in slip and fall accidents occur in the following locations:
- Pelvis
- Ankle
- Leg
- Forearm
- Spine
- Hip
- Hand
- Upper arm
- Shoulder injuries: A slip and fall accident could cause an injury known as a brachial plexus injury or a shoulder dislocation. The brachial plexus contains a network of nerves that connects the hand, arm, and shoulder to the spinal cord. A brachial plexus injury is often treated with surgery and requires rehabilitative physical therapy afterward.
Proving Negligence in a Kendall Slip and Fall Case
The key to winning compensation for damages in a slip and fall claim is to prove the property owner or occupier acted negligently. A skilled and knowledgeable lawyer can work to collect the evidence needed to document the property owner’s negligence. An attorney can show:
- The property owner owed you a duty of care to protect you from potential hazards
- The property owner failed to uphold this obligation
- The failure to uphold this duty led directly to your fall injuries
- Your fall caused you to suffer financial damage
An example of the above situation would be if you were visiting a Kendall store and you tripped over an extension cord that was stretched across the walkway. The property owner had an obligation to prevent visitors from being injured but did not act accordingly to remove the tripping hazard or post a visible warning.
Video proving your fall was due to the cord or photographic evidence from the scene can be used to show a correlation. An eyewitness can testify that they viewed the property owner passing by the area multiple times before your fall, proving they were aware of the potential hazard. With these facts, your attorney would have a strong case for seeking compensation for your slip and fall damages.
What Happens When the Property Owner Denies Knowing About the Slipping Hazard?
In some situations, the property owner may deny responsibility for the injuries you sustained by claiming they were not aware of the hazard. This can prove to be difficult for slip and fall injury cases. When these situations occur, you need a knowledgeable and experienced lawyer on your side to help ensure the property owner is held liable for your damages. 1-800-Injured has access to a vast network of professional and proven Kendall attorneys who handle slip and fall injury cases.
Florida premises liability cases follow the “reasonable person standard.” This doctrine takes into consideration whether a reasonable person would or would not recognize the potential hazard or fall risk and prevent someone from being injured by quickly taking action to fix it. If the hazard would have been noticed by a reasonable person, the property owner can be held liable — even if they themselves did not notice it.
Am I Eligible to Receive Compensation in a Slip and Fall Claim?
In the majority of cases, a premises liability claim can be filed to collect compensation for injuries after a slip and fall accident. There are a few situations where someone is ineligible to file an injury claim.
Most slip and fall injuries occur in a publicly owned area, restaurant, store, or someone else’s home. Usually, they are licensees or invitees of those places. To be a licensee or invitee, they have a legal reason to be there or have been invited onto the property. Workers, customers, shoppers, and visiting family and friends would fall into one of these two categories.
Both licensees and invitees can file an injury claim against a negligent occupier or property owner after a slip and fall accident. Property owners hold no responsibility for protecting an adult trespasser from suffering a slip and fall injury. If you have illegally entered a property, you have limited options for collecting compensation for your injuries.
Florida laws become complicated when a teen or child illegally enters a property and sustains fall injuries. A diligent Kendall personal injury attorney can explain your rights and help you seek compensation on their behalf to the fullest extent of the law.
What Damages Can Be Recovered in a Kendall Slip and Fall Accident?
A Kendall lawyer can help you receive compensation, covering a variety of damages depending on what losses you suffered in your slip and fall injury. These damages can include most expenses directly related to the accident or fall injuries you sustained.
Your attorney can help you recover economic slip and fall damages, including:
- Emergency ambulance transport
- Medical care including hospital stays, doctor’s visits, surgeries, medications
- Physical therapy and rehabilitation
- Lost wages from time missed at work
- Other accident-related expenses
In addition to the economic losses listed above, your attorney will pursue non-economic damages including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of quality of life
- Loss of relationships
After looking at all available damages, your slip-and-fall lawyer will value your losses and negotiate a fair settlement on your behalf. If an agreeable settlement cannot be made with the property owner, their legal team, or the insurance company, a civil lawsuit can be filed to request the judge award you the compensation you deserve.
Contact 1-800-Injured For Help
If you or a loved one have suffered an injury at a business or personal property, you have the right to hold the property owner responsible for your damages. You have already suffered enough from your fall accident — you shouldn’t have to suffer emotionally and financially as well. You deserve to be compensated for the damages and losses you incurred. Florida personal injury law can be complex and challenging to navigate, and you should not have to figure it out on your own.
1-800-Injured can refer you to an experienced and knowledgeable attorney from a vast network of Florida law firms. Contact us today using our secure online form to schedule your free consultation and speak with a Kendall personal injury lawyer ready to fight for your legal rights and get you the compensation you deserve.