Can I Sue My Retirement Home if I Sustained Injuries from Slip and Fall in Florida?

A slip and fall in a retirement home can leave you or your loved one facing more than just physical pain. It can disrupt your sense of security and lead to mounting medical expenses, lost independence, and unanswered questions about accountability.

Whether you live in an independent living community, assisted living facility, or nursing home, these facilities have a duty to provide safe environments. When that duty is breached, Florida law offers a path to seek justice for injuries from slip and fall. In this blog, we’ll explain your rights under Florida law, discuss the evidence needed to support your claim, and guide you through the steps you can take to protect your rights and hold the facility accountable.

Your Rights as a Resident

Florida law requires retirement homes to provide a duty of care to their residents. In this blog, “retirement home” is used as a broad term that encompasses various senior living facilities, including independent living communities, assisted living facilities, and continuing care retirement communities. Each type of facility has unique responsibilities based on the services they offer:

• Independent Living Communities: These facilities are governed primarily by general premises liability laws, which hold property owners responsible for maintaining safe environments for residents and visitors.
• Assisted Living Facilities (ALFs): Regulated under Florida Statute § 429.28, ALFs must provide a safe and decent living environment, personal care services, and emergency protocols. In addition to these statutory obligations, premises liability laws apply to physical spaces such as hallways and dining areas.
• Continuing Care Retirement Communities (CCRCs): These facilities offer a range of care levels, including independent living, assisted living, and skilled nursing. Premises liability applies to shared physical areas, while additional statutory protections may govern personal care or medical services provided in assisted living or skilled nursing environments.

Regardless of the type of facility, senior living communities must maintain premises free from hazards, provide adequate lighting, respond promptly to maintenance issues, follow safety standards and train staff appropriately, and establish emergency protocols.

If a facility fails to uphold these responsibilities and their negligence causes you harm, you may have grounds for a lawsuit under premises liability laws for common areas or other applicable negligence laws for hazards in private spaces.

Common Causes of Slip and Fall Accidents

Despite the legal duties these facilities owe to their residents, hazardous conditions can and do occur, often leading to slip and fall accidents that could have been prevented with proper care. Common causes are:

• Wet floors from cleaning without proper warning signs
• Poor lighting in hallways and common areas
• Uneven walking surfaces or loose carpeting
• Obstacles in walkways
• Lack of proper handrails
• Inadequate maintenance of outdoor walkways
• Defective elevator or stair mechanisms
• Spills in dining areas left unattended
• Ice or water accumulation near entrances
• Poorly maintained bathroom facilities

These hazards pose unique dangers in retirement settings, where residents may have mobility challenges or rely on assistive devices.

Proving Negligence in Your Case

To hold a senior living facility responsible for your injuries, you must establish negligence. Under Florida Statute § 768.0755, you need to prove that the facility knew or should have known about the hazardous condition that caused your fall. This requirement applies to all types of senior living facilities, including independent living communities, ALFs, and CCRCs.

One way to demonstrate negligence is by showing the facility had constructive knowledge of the hazard. Constructive knowledge means the hazard existed for a sufficient amount of time that the facility, through reasonable care, should have discovered and addressed it. For instance, if a spill in a dining area was left unattended for hours, the facility could be held responsible for failing to clean it up promptly.

Actual knowledge, on the other hand, refers to the facility being directly aware of the hazard, such as when staff received a report or complaint about it. Evidence such as maintenance records, prior incident reports, witness statements, or security camera footage can help establish this critical element.

How Fault is Determined

Florida uses a modified comparative fault system (Florida Statute § 768.81), which allocates responsibility between the parties. If you are found more than 50% at fault, you cannot recover damages. Otherwise, your compensation will be reduced by your percentage of fault. For example, if you’re 20% at fault, your recovery will be reduced by 20%. Working with an attorney can help you minimize fault and build a strong case to maximize your compensation.

Though understanding fault is essential, acting within Florida’s strict legal deadlines is equally important. Here’s what you need to know about the time limits and requirements for pursuing a claim.

Time Limits and Legal Requirements

As of March 24, 2023, Florida law reduced the statute of limitations for negligence-based personal injury claims, including slip and fall cases, from four years to two years. Under the updated Florida Statute § 95.11, you now have two years from the date of your accident to file a lawsuit against the responsible party.

However, if the facility is government-operated, you must also meet specific notice requirements. Florida law requires notifying the appropriate government entity within six months of the incident. Failing to meet these deadlines can bar your claim entirely.

Additionally, resident agreements with retirement facilities often include arbitration clauses. These clauses often favor the facility, restricting your ability to file a lawsuit in court. An attorney can review the agreement to determine whether arbitration is enforceable and how it may affect your ability to recover damages.

Because these deadlines are strict and arbitration clauses can significantly impact your rights, consult an attorney as soon as possible to protect your claim.

Steps to Take Now to Protect Your Rights

Taking the right steps immediately after a fall can significantly impact the success of your claim. Here’s what you should do to protect your rights and build a strong case:

• Request copies of all incident reports
• Gather contact information from witnesses
• Keep all medical records and bills
• Take photos of your injuries and the hazard that caused your fall
• Start a daily journal documenting your pain and limitations
• Save receipts for all injury-related expenses
• Preserve evidence, such as the shoes and clothing worn at the time of the fall
• Avoid signing documents from the facility without legal review
• Document all communication with staff or management.

These steps can help build a strong case and protect your rights.

When to Contact a Slip, Trip and Fall Lawyer

Slip and fall cases in retirement homes often involve complex legal and medical issues. You should contact a slip, trip and fall lawyer immediately if:

• Your injuries require ongoing medical treatment
• The retirement home denies responsibility
• Insurance adjusters pressure you for statements or quick settlements
• Multiple parties might share liability (e.g., contractors or vendors). For example, maintenance companies or manufacturers of defective equipment could also be held liable.
• Your injuries significantly impact your daily life
• The facility claims you were at fault
• You receive complex legal documents or settlement offers
• The facility’s insurance company denies your claim

An attorney can assist with arbitration clauses, identify all potentially liable parties, and represent you in negotiations or court.

To sum up, in Florida, you have the right to hold a senior living facility accountable if their negligence caused your injuries from slip and fall. Acting quickly, preserving evidence, and consulting with a knowledgeable attorney can make all the difference in building a strong case. By understanding your legal options and taking the right steps, you can seek the compensation needed to address your injuries and move forward with confidence.

Take Action Now After Your Slip and Fall

A fall in a senior living facility can be a life-changing event, leaving you or your loved one with physical injuries, mounting medical bills, and emotional distress. Whether you’re recovering yourself or advocating for a loved one, you don’t have to face this burden alone.

At Britto & Herman Injury Lawyers, we understand the challenges of slip and fall cases, especially when they involve vulnerable residents in senior living facilities. Led by Board Certified Trial Lawyer Daniel Britto, Esq., and Michael S. Herman, Jr., Esq., our firm is focused on holding negligent facilities accountable and securing the financial relief and justice you need to move forward.

We’ll help you every step of the way—gathering evidence, dealing with insurance adjusters, and advocating for your rights so that the full extent of the harm caused is recognized. Whether you need support for yourself or on behalf of a loved one, our attorneys are here to provide the legal guidance you need.

If you’ve been searching online for a “trip and fall lawyer” or “personal injury lawyer near me,” contact us instead. Call us today at (561) 835-5555(561) 835-5555 or complete our confidential online form to schedule a free consultation. Our office at 1001 W. Indiantown Road in Jupiter is ready to assist you, and we’re available around the clock to address your concerns.

Don’t wait to protect your rights and seek justice—call today to take the first step toward recovery.

Copyright © 2024. Britto & Herman Injury Lawyers. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Britto & Herman Injury Lawyers
1001 W Indiantown Rd., Suite 101
Jupiter, FL 33458
(561) 835-5555(561) 835-5555
https://www.brittoherman.com/