How To Prove a Slip and Fall Case in Jupiter, Florida
November 1, 2023 – Michael S. Herman, Jr., Esq.
Elaine, a devoted working mother of three and resident of Jupiter, was running her routine errands, grocery shopping at her favorite store before collecting her kids from school. However, that day was different. As she headed toward the frozen foods aisle, she unexpectedly slipped on a freshly mopped floor. Unfortunately, the store had failed in its responsibility to place a warning sign about the wet floor — a simple act that would have alerted customers like Elaine.
Due to this negligence, Elaine suffered a broken wrist, sprained ankle, and multiple soft tissue injuries. Had the store adhered to its basic duty of care, she wouldn’t have been thrust into a challenging situation: missed workdays, doctor visits, the strain of physical therapy, the pain of not being able to care for her children, and the disappointment of having to cancel a much-anticipated vacation with her husband.
Unfortunately, slip and fall accidents are not limited to grocery stores. They can take place in hospitals, parking lots, sidewalks, concert venues, sports arenas, and someone’s home. So, it’s no surprise, given the myriad of places where these accidents can happen, that they account for over 8 million visits to hospital emergency rooms each year.
In this blog, our seasoned fall lawyer discusses common slip and fall injuries, property owner liability according to Florida law, comparative negligence in Florida, and how to prove a slip and fall case.
Slip and Fall Injuries
As mentioned, slip and fall accidents can happen anywhere, from private residences to public spaces like business establishments. Hazardous conditions such as wet floors, uneven surfaces, poorly maintained walkways, or inadequate lighting can cause multiple serious injuries, including:
- Broken bones
- Soft tissue injuries
- Sprains and strains
- Head trauma
- Spinal cord injuries
- Hip fractures
- Bruising and contusions
From minor cuts and bruises to permanent disability to long-term disabilities and chronic pain, the injuries suffered from a slip and fall range in severity and duration. Regardless of the injury, if you have had a slip and fall accident, you must hold the negligent property owner and business accountable with a slip and fall claim.
Don’t underestimate the impact of seemingly minor injuries, because they can result in long-term consequences, including missing work and suffering emotional trauma. Seek professional legal services from an experienced and knowledgeable slip and fall law firm, where a lawyer for personal injury can review the details of the accident, guide you through your personal injury case, help you recover compensation, and enable you to focus on getting well while they handle the necessary legal action.
Property Owner Liability in Florida
In Florida, property owners have a legal duty to maintain their premises in a reasonably safe condition for visitors and guests. This effort includes conducting regular inspections, promptly addressing any potential hazards, and providing proper warning signs when necessary. If a property owner fails to fulfill this duty and it results in a slip and fall accident, they may be held liable for resulting injuries and damages.
To prove negligence in your slip and fall claim, consider the following scenarios and what you’d need to demonstrate for each:
- The walking surface was damaged, uneven, or had a significant crack or pothole that the owner knew about but failed to fix.
- The owner or an employee was aware of a slippery substance but did not mark it as a hazard with a wet floor sign or take any action to eliminate the danger.
- Insufficient lighting made it difficult to see the potential danger.
- The owner did not recognize the hazardous condition or failed to address it before your accident.
- The owner, employee, or business itself created the dangerous situation and knew it could cause harm.
- Any other similar circumstance to the conditions mentioned above.
To gather evidence and build your case, consult a fall accident attorney who can assist you in obtaining safety inspection logs, incident reports, and other relevant documents through a court subpoena.
Comparative Negligence in Florida
Since 1973, Florida has been a “pure comparative negligence” state. However, a major change was made to the law which was effective March 24, 2023. Florida Statutes, Section 768.81 was amended to change comparative negligence in Florida to a modified comparative negligence standard. This means if you are found to be more than 50% at fault for your accident, you cannot recover any damages.
The difference between securing rightful compensation and leaving empty-handed often hinges on the experience and skill of your representation. Thus, it’s paramount to ensure that your attorney is not only familiar with the latest changes but also possesses a proven track record in handling slip and fall cases in Florida.
What Do You Have to Prove in a Slip and Fall Claim?
Winning a fair settlement in slip and fall injury cases can present challenges. To succeed, you must establish the following:
- You were owed a duty of care by a business or property owner.
- There were dangerous conditions in the business or on the property.
- The business owner or property owner knew or should have known about these dangerous conditions.
- The hazardous conditions had the potential to cause injury, and the business owner or employees should have been aware of this.
- Your injury directly resulted from these hazardous conditions.
Proving negligence in slip and fall cases can be even more complex than in car accident cases. Like car accident cases, the outcome of slip and fall cases depends on proving liability with the available evidence.
Unfortunately, many slip and fall cases fail because the injured person’s lawyers struggle to convince a judge and jury that the business should have reasonably been aware of the hazard. Even if it is clear that the business caused the injury, failing to make the case that they could have known about and fixed the hazard can result in losing your case.
Britto & Herman Injury Lawyers: The Voice for Florida Injury Victims
Have you sustained an injury in a slip and fall accident in Jupiter, Florida? Seeking legal representation for your personal injury claim from an experienced attorney is crucial – especially with the recent changes in Florida’s comparative negligence law.
You may be coping with devastating fall-related injuries, mounting medical bills, lost wages, permanent disabilities, and emotional distress. Don’t seek compensation on your own if a property manager or building manager failed to uphold their legal duty, resulting in a fall incident case.
At Britto & Herman Injury Lawyers, we represent injury victims in all Florida counties, and we know how to win. We’ve spent a combined 25 years defending clients who have experienced a slip and fall injury.
Now, we’re leveraging that knowledge to fight for victims and ensure you receive just compensation for your slip and fall accident injuries. Moreover, attorney Daniel Britto is a Board Certified Trial Lawyer. Rest assured, with us, you’re not just getting any representation – you’re securing top-tier experience, far from the empty promises of billboard gimmicks.
For your convenience, our injury lawyers are available 24/7, and we offer virtual free case evaluations and paperless sign-ups. If you’ve been searching online for a “lawyer for personal injury, call us at (561) 835-5555(561) 835-5555 or complete our online form.
We can help you if you’ve been injured because a property owner failed to uphold their responsibilities under the law.
Copyright © 2023. 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.
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