Slip and fall accidents typically occur when a hazard is present on public or private premises. A hazard could be anything from a wet floor to a rolled carpet. Slip and fall accidents often lead to serious injuries, such as bone fractures, sprained ankles, and, spinal cord or brain damage.
If you or a loved one have been hurt in a slip-and-fall accident on someone’s property in Pembroke Pines, you can seek compensation for your damages. Contact 1-800-Injured today for help finding a Pembroke Pines personal injury lawyer.
How Does Liability Work in a Slip and Fall Accident?
Managers and property owners are generally responsible for keeping reasonably safe premises for their invitees and guests. Invitees and guests are people who have been given permission by the property owner to enter the property.
For example, a customer shopping at a store would be an invitee if shopping during the store’s operating hours. According to Florida Statutes § 768.0755, the business must address hazards that could lead to injury. If the hazard has been visible long enough or occurs regularly, the establishment should have had plenty of time to handle the situation. Some common hazards include:
- Potholes
- Poor lighting
- Loose carpeting
- Uneven or wet surfaces
- Broken floorboards
- Wires crossing walkways
An employee or manager of the property must handle the hazard immediately and set up signage to warn visitors of the hazard. If they fail to do so, they would be liable for any injuries suffered by the victim.
Slip and Fall Liability Exceptions
According to the Florida Statutes § 768.075, there are stipulations for when a property owner is not liable for falls. A Pembroke Pines property owner is not liable for a slip and fall accident if:
- The victim was trespassing
- The victim was under the influence of alcohol or drugs
- The victim had just attempted or was attempting a felony on the premises
Common Pembroke Pines Slip and Fall Injuries
No two slip-and-fall injuries are the same. Some injuries are minor and amount to a few bumps and bruises. Other fall victims aren’t so lucky. The accident’s location and time can have an influence on the type of injuries that can occur from a slip and fall accident.
Some common slip and fall injuries include:
- Broken bones
- Head injury
- Neck injury
- Traumatic brain injury
- Joint pain
- Bruises
- Cuts and scrapes
- Spine injury
- Death
If a slip-and-fall victim had preexisting conditions, their injuries could be more severe. For example, an older individual with a history of hip issues could experience more serious injuries and take a longer time to heal.
It is also not uncommon for an injury victim to suffer multiple injuries from a slip and fall, which can bring heavy medical bills. Unfortunately, accidents do occur, but that doesn’t mean a property owner should not be responsible for keeping public areas as safe as possible for all guests.
Certain slip-and-fall accident locations can be proportionally more hazardous than others. For example, a public hiking park can be dangerous for people of all ages, and a fall could result in death. The park is responsible for posting warning signs throughout the trails to warn visitors of the potential danger and to use them at their discretion.
If a public entity has posted a warning about inherent dangers and an accident occurs, you’ll have a difficult time recovering any compensation for your injuries.
Slip-and-Falls in Public Places
A slip-and-fall accident can occur anytime, anywhere. You could experience a slip and fall at the home of a loved one or in the grocery store. Generally, places where slip and fall accidents occur can be divided into three categories: government, commercial, and residential.
Damages in a Pembroke Pines Slip and Fall Accident
A Pembroke Pines slip and fall injury attorney can assist you in searching for evidence and compiling a list of your damages. Your attorney will help calculate two types of damages that you can seek compensation for in your slip and fall case.
The first type of damages is your economic damages, intended to compensate you for any financial losses. These losses typically include:
- Medical bills such as ambulance rides, hospital stays, doctor visits, and over-the-counter medication
- Lost wages from the time of your injury, including bonuses, tips, and overtime pay
- Lost earning potential if you are unable to return to your previous position
The second type includes your non-economic damages. These are to compensate you for the non-financial damages you suffered. These losses can include:
- Pain and suffering, both emotional and physical
- Temporary disability
- Permanent disability
- Scarring and disfigurement
- Psychological trauma
- Loss of enjoyment of life
Options for Seeking Compensation in Slip and Fall Accidents
After working with your Pembroke Pines slip and fall injury attorney to gather the required evidence and estimate the damages you suffered, it’s time to discuss how you will seek compensation. Typically, you can recover compensation from the property owner or tenant who acted negligently by filing a personal injury claim or lawsuit.
Insurance Claims
A Pembroke Pines slip and fall victim could file a claim through their insurance company, but they typically choose to file against the liable property owner’s insurance company. The at-fault party may carry insurance with liability coverage to handle the expenses of accidents they cause.
For instance, if you were in someone else’s home when you were injured, you’d make a claim against their homeowner’s insurance policy. If you were in an establishment and a slip and fall happened, your slip and fall attorney could help you bring a claim against the commercial insurance provider.
If the insurance company offers you a low settlement, your slip and fall injury lawyer can negotiate or take the matter to court.
Injury Lawsuits
When an insurance claim is not possible, as in cases where the property owner’s liability coverage is insufficient to cover your injuries, you could move forward with a personal injury lawsuit instead. In this case, the civil court would decide your recovery amount rather than the insurance provider. The process may be lengthier and could take several court proceedings before a verdict is reached.
1-800-Injured can connect you with an experienced slip-and-fall injury attorney who can represent and counsel you throughout your case.
Statute of Limitations for Slip and Fall Cases
A slip and fall case in Pembroke Pines must be filed within two years of your accident date, according to Florida Statutes § 95.11. If you miss the deadline, your case will likely be dismissed, and you forfeit the opportunity to be compensated for the damages incurred from your injuries.
In certain situations, the statute of limitations could be extended, such as when the victim is a minor. A slip-and-fall lawyer can inform you how much time you may have to file a claim and help ensure you meet all deadlines.
Contact 1-800-Injured for Legal Help Today
If you have been injured due to someone else’s negligence and want to take legal action, contact a diligent Pembroke Pines slip and fall attorney to help fight for your legal rights. Their experience in Florida law will be invaluable to settling your injury claim against the responsible property owner.
Contact 1-800-Injured today using our secure online form to find an established personal injury lawyer to ensure your legal rights are protected.