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Slip, Trip, and Fall

At Britto & Herman Injury Lawyers, we help individuals in Jupiter and all Florida counties seek appropriate compensation for their suffering and expenses after they have been injured in a slip-and-fall accident caused by another person’s negligence.

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Slip, Trip and Falls Attorney | Jupiter, FL | Call 561-835-5555

Florida Slip, Trip, and Fall Accidents: Seeking Justice and Compensation

Have you experienced a slip-and-fall or a trip-and-fall accident in Florida? The consequences of these incidents can be severe, but you don’t have to face the aftermath alone. At Britto & Herman Injury Lawyers, our experienced team of Florida slip, trip, and fall injury lawyers is here to protect your rights and help you seek the justice and compensation you need.

A slip, trip, and fall is often categorized under premises liability cases in Florida. These accidents on someone else’s property can severely impact both you and your family, often leading to a range of frustrations, emotions, difficulties, and expenses. Expenses from medical bills, lost income, and additional required services often mount under these circumstances, adding additional stress. Given these challenges, it’s essential for those affected by a trip-and-fall injury to promptly seek the assistance of an experienced Florida trip and fall injury attorney.

A Slip-and-Fall Accident Could Lead to Significant Injuries Lingering for Years or a Lifetime, Which Must Be Accounted For

Trip-and-fall accidents can lead to various physical injuries, including fractures, sprains, and even traumatic brain injuries. These physical challenges may lead to long-term or permanent physical damage, adding to your distress. By working closely with a knowledgeable slip and fall lawyer at Britto & Herman from the start of your case, you can identify the scope of appropriate damages you should seek in your Palm Beach County slip-and-fall accident claim.

You Need To Seek Compensation to Cover Expenses Caused by a Slip-and-Fall or Trip-and-Fall Accident

Further, the financial implications of a serious slip-and-fall injury can be substantial, encompassing medical bills, rehabilitation costs, and loss of income if an injured person is unable to work. Calculating these costs can be complex and often requires professional assistance from an experienced injury attorney.

Lifestyle and Psychological Effects of a
Slip, Trip, and Fall Accident

Depending on the severity of the injury, a slip, trip, and fall victim may need to make major adjustments to their lifestyle. This can include changes in employment, living arrangements, and daily routines. Severe falls involving head injuries can lead to traumatic brain injury, and the emotional toll of a TBI can be significant. Victims may experience feelings of embarrassment, self-consciousness, and emotional distress. If the injury causes long-term impairment, it can also lead to mental health problems like depression and anxiety.

An experienced Florida trip and fall accident lawyer can help you identify and account for the scope of the damages you have suffered and may likely continue to suffer in the future. Schedule a free consultation with our slip-and-fall lawyers at Britto & Herman today so we can evaluate your case and prepare a strategy. Contact us today at (561) 835-5555(561) 835-5555, and let us guide you on your path to recovery.

Who is Liable for My Injuries When I Fall at a Business in Florida?

When you slip and fall or trip and fall at a Florida business, you may wonder who is responsible for your injuries. In premises liability cases, the property owner or occupier may be held liable for your injuries under certain circumstances. Factors your slip-and-fall attorney will use to determine and prove liability include:

  1. Negligence: If the property owner or occupier failed to maintain a safe environment or neglected to address hazardous conditions, they may be held responsible for your injuries.
  2. Duty of Care: Property owners and occupiers have a legal obligation to keep their premises reasonably safe for visitors and customers. They should promptly address dangerous conditions or provide adequate warnings to prevent slip-and-fall accidents.
  3. Foreseeability: Property owners should anticipate potential dangers and take necessary precautions to prevent slip-and-fall accidents. If a hazardous condition was foreseeable and not addressed, they may be held liable for injuries related to the slip-and-fall incident.

Determining liability in a Florida fall accident case can be complex. Consulting a skilled Florida injury attorney from Britto & Herman Injury Lawyers is crucial to understanding your legal rights and building a strong case for compensation.

Common Slip, Trip, and Fall Scenarios Causing Injuries in Florida

Trip and fall accidents in Florida can occur in a variety of locations due to several common hazardous conditions.

The following are some frequent trip-and-fall scenarios:

  • Wet or Slick Surfaces: These accidents often happen on slippery walking surfaces, which can be outside on wet pavement or inside on recently-mopped or waxed floors. These slip-and-fall accidents are common in grocery stores, supermarkets, and department stores.
  • Uneven or Damaged Surfaces: Cracked pavement, uneven floors, broken sidewalks, and potholes are common causes of trip-and-fall injuries in Florida. Such conditions can lead to unexpected changes in walking surfaces, causing people to stumble and fall. Uneven pavement and other common trip-and-fall conditions are often due to poor maintenance.
  • Poor Lighting: Insufficient lighting can make it difficult to see hazards like debris, uneven surfaces, or steps, leading to trip and fall accidents.
  • Debris or Obstacles: Items left in walkways, cords, rugs, or clutter can cause someone to trip and fall.
  • Faulty Stairs or Lack of Handrails: Damaged stairs or the absence of handrails can also contribute to trip and fall accidents. People rely on these for support, and when they’re missing or in poor condition, falls can occur.

Note that the conditions leading to slip-and-fall accidents are often resolved shortly following a slip-and-fall accident. While this may serve to prevent additional incidents, it also eliminates evidence that is important to your personal injury case. Recognize that your slip-and-fall injury claim may hinge on proving the conditions at the time of your fall. Taking photos or video immediately following your fall can serve as important evidence. The experienced slip-and-fall accident lawyers at Britto & Herman can assess the evidence you will need to prove your personal injury case during your free consultation.

Common Slip and Trip and Fall Injuries

Slip and fall and trip and fall accidents can lead to a range of injuries, often causing physical, emotional, and financial hardships. Understanding the common injuries associated with these accidents is important when seeking compensation. Some common slip or trip and fall injuries victims may experience include:

  1. Fractures and Broken Bones: The impact of a fall can lead to bone fractures, particularly in the wrists, arms, hips, and ankles. These injuries may require extensive medical treatment and rehabilitation.
  2. Head and Brain Injuries: In slip and fall accidents, victims may suffer head injuries, including concussions or traumatic brain injuries. These injuries can have long-lasting cognitive and physical effects.
  3. Back and Spinal Cord Injuries: Falls can cause back injuries, such as spinal cord damage, leading to paralysis or permanent disabilities.
  4. Shoulder Dislocation or “Brachial Plexus Injury”: This can happen if you fall and land hard on your side, or your arm is twisted during the fall.
  5. Knee Damage: Falls can lead to various knee injuries, including damage to the kneecap or ligaments.
  6. Soft Tissue Injuries: Slip and fall or trip and fall accidents can lead to sprains, strains, and soft tissue damage, causing pain, swelling, and limited mobility.
  7. Bruises, Cuts, and Contusions: Falling can cause bruises, cuts, and contusions, ranging from minor injuries to more severe wounds that may require medical attention.

Common injuries from these accidents range from soft tissue injuries, wrist or ankle sprains, and broken or fractured bones to more severe injuries like head injuries, traumatic brain injuries, and spinal cord injuries.

Seeking immediate medical attention after slip-and-fall or trip-and-fall injuries is essential, even if injuries appear minor. Some injuries may have delayed symptoms, and a medical evaluation creates a record of your injuries, supporting your claim for compensation.

Why Hire a Lawyer After a
Slip or Trip and Fall?

After a slip and fall or trip and fall accident, hiring a knowledgeable Florida injury lawyer is crucial for several reasons:

  1. Legal Knowledge and Experience: Our attorneys at Britto & Herman Injury Lawyers have extensive knowledge of premises liability law in Florida. We will ensure your case is handled according to the state’s regulations.
  2. Investigation and Evidence Gathering: We will conduct a thorough investigation, gathering essential evidence such as incident reports, surveillance footage, and witness testimonies to establish liability.
  3. Properly Valuing Your Claim: An experienced lawyer can accurately estimate the value of your claim by considering the various potential areas of recovery. These may include medical bills, lost wages, and pain and suffering. This helps to prevent you from settling for less than what you need.
  4. Proving Negligence: Building a strong case requires proving negligence on the part of the property owner or occupier. Our skilled lawyers will work to demonstrate the owner’s or manager’s failure to maintain a safe environment or address hazardous conditions.
  5. Negotiation with Insurance Companies: Our legal team will handle all communication and negotiations with insurance companies, aiming to secure a fair settlement that covers your losses.
  6. Litigation Representation: If a fair settlement cannot be reached, our experienced trial lawyers will vigorously advocate for your rights in court, presenting a compelling case on your behalf.
  7. No Win, No Fee: The majority of personal injury lawyers work on a contingency fee basis, meaning you only pay if they win your case.

Implications of a Slip and Fall or Trip and Fall Injury

Trip and fall injuries in Florida can have significant physical, emotional, and financial implications. Physically, victims may suffer from a range of injuries, including but not limited to fractures, back sprains, traumatic brain injuries, spinal cord injuries, and soft tissue damage. These injuries can lead to substantial medical expenses, ongoing rehabilitation costs, and significant pain and suffering. It is important to understand that you may suffer both economic and non-economic damages due to your trip and fall accident.

Economic Damages from a Trip and Fall Accident

Financially, victims may lose income due to an inability to work, either temporarily or permanently. They may also experience a decreased earning capacity if their injuries limit their ability to perform certain job functions.

The types of economic damages you may be able to recover for a slip-and-fall accident include:

  • Medical expenses
  • Lost wages and future earning capacity

Non-economic Damages from a Trip and Fall Accident

Emotionally, victims may suffer from mental anguish and loss of enjoyment of life. The trauma of the accident and the stress of dealing with the aftermath can lead to conditions like depression and anxiety.

In Florida, victims of trip and fall accidents can seek compensation for these damages through a personal injury lawsuit.

The types of non-economic damages you may be able to recover include:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

Failing to pursue a claim may mean leaving this potential compensation on the table, which can exacerbate the financial strain caused by the incident. It is wise to promptly consult with an experienced Florida personal injury attorney to explore your options and protect your rights.

Common Places Where Slip and Falls Happen

Slip and falls can occur in various locations, often due to negligent maintenance or hazardous conditions. Some common places where slip and falls occur include:

  1. Broken Sidewalks: Uneven or broken sidewalks can pose tripping hazards, leading to slip and fall accidents.
  2. Condominium Associations and Homeowner Associations: Property owners, including condominium associations and homeowner associations, have a responsibility to maintain safe premises for residents and visitors.
  3. Grocery Stores: Spills, wet floors, or improperly placed merchandise can make grocery stores prone to slip and fall accidents.
  4. Shopping Centers and Strip Malls: These commercial properties require diligent maintenance to prevent slip and fall hazards, such as poorly-maintained walkways or inadequate lighting.

Proving Fault in a Florida Slip, Trip, and Fall Case

The plaintiff in a Florida trip and fall case must prove that the property owner was negligent in order to hold them responsible for damages. This involves demonstrating that the property owner had actual or constructive knowledge of the dangerous condition that led to the accident.

You and your attorney need to demonstrate the following key requirements to prove fault in a trip-and-fall case in Florida:

  1. Duty of Care: The plaintiff must establish that the defendant owed them a duty of care. This means they were obligated to maintain a safe environment. This typically applies when the injured party is lawfully on the premises.
  2. Breach of Duty: The plaintiff must demonstrate that the property owner breached this duty by failing to maintain safe conditions on the property. This can be shown by demonstrating that they failed to maintain the premises properly, did not fix a known hazard, or did not adequately warn visitors about a dangerous condition.
  3. Causation: The plaintiff must prove that their injury was directly caused by the breach of duty. This means showing that if they had fulfilled their duty of care, the accident would not have occurred.
  4. Damages: The plaintiff must show they suffered harm (medical expenses, lost wages, pain and suffering, etc.) due to the injury.

In Florida, under the law F.S. §768.0755, the victim must also prove that the business establishment had actual or constructive knowledge about the dangerous condition which caused the fall. Actual knowledge means the business was aware of the specific hazard, while constructive knowledge refers to circumstances where the business should have known about the hazard because it existed for a sufficient length of time.

These elements align with the concept of foreseeability, which is key in proving negligence. Foreseeability refers to whether a reasonable person could predict that their conduct might create a risk for others. In the context of trip-and-fall cases, this means whether a reasonable property owner would have identified and remedied the hazardous condition before the accident occurred.

Impact of Comparative Negligence Changes to Florida Personal Injury Law

In 2023, Florida made significant changes to its personal injury laws, transitioning from a pure comparative negligence system to a modified comparative negligence system. Under the previous system, an injured party could recover damages regardless of their percentage of fault. However, under the new law, if an injured party is found to be more than 50% at fault for their own injuries, they are barred from recovering damages.

The impact of these changes on slip and fall cases in Florida is substantial. If you are involved in a slip and fall accident, your ability to seek compensation may be significantly affected by your degree of fault. For example, if you’re found to be 51% at fault for not noticing a spill on a grocery store floor, you would not be able to recover any damages from the store owner. On the other hand, if you’re determined to be 50% or less at fault, you can still recover damages, but your recovery would be reduced by your percentage of fault.

Moreover, these changes also influence multi-party lawsuits, which are common in slip and fall cases. Shared responsibility among multiple parties could complicate the determination of fault and thus the amount of compensation one can seek.

Given these changes, it’s even more crucial to gather strong evidence to prove the other party’s negligence in your slip and fall case in coordination with a personal injury attorney who is familiar with the nuances of Florida’s new comparative negligence laws.

What To Do Following a Slip-and-Fall or a Trip-and-Fall in Florida

If you’ve suffered a trip and fall accident injury in Florida, it’s important to take the following steps:

  1. Seek Medical Attention: Your health is your first priority. Seek immediate medical help, even if your injuries appear minor. This not only ensures your well-being, but also provides medical records that can be crucial evidence in your case.
  2. Report the Accident: Notify the owner of the property or the person responsible for its upkeep about the incident. If the accident occurred at a business, ensure you file an official report and secure a copy.
  3. Document Everything: Take pictures of the accident scene, including what caused your fall. Write down the details of the incident while they are fresh in your mind. This could serve as valuable evidence.
  4. Identify Witnesses: If there were any witnesses, collect their contact information. Their statements can corroborate your account of the incident.
  5. Preserve Evidence: Keep clothes and shoes you were wearing during the accident without washing them. They might be useful evidence.
  6. Request surveillance footage: If the accident happened in a store or other business, ask for a copy of the surveillance footage.
  7. Avoid Providing Statements: Don’t discuss the accident or your injuries with anyone except your attorney and your doctor. Anything you say can be used against you in your claim.

Act Quickly To Gather Evidence Following a Slip-and-Fall Accident

Acting swiftly to gather evidence following a slip and fall accident in Florida is crucial to prevent problems involving fleeting evidence for several reasons connected to important factors and components of a Jupiter slip and fall case:

  • Establishing Liability: Quick action can help establish liability by documenting the conditions that led to the accident before they are altered or repaired.
  • Preserving Evidence: The physical evidence at the scene, such as a wet floor or broken staircase, may be fleeting as property owners may quickly rectify these issues. Capturing photos or videos immediately can preserve this evidence.
  • Securing Witness Testimonies: Witnesses can provide valuable information about the accident. However, memories can fade over time, so it’s important to gather witness statements as soon as possible.
  • Securing Surveillance Footage: Many stores and residences have surveillance cameras. This footage can be a key piece of evidence but may be deleted or recorded over if not secured promptly.
  • Medical Records: Seeking immediate medical attention not only ensures your well-being but also provides a record of injuries directly linked to the accident.

Quickly contact a personal injury attorney to strategize and streamline these tasks. An experienced attorney can guide you through the legal process, protect your rights, and help you seek the compensation you need.

Schedule a Free Consultation For Your Slip and Fall or Trip and Fall Case with Britto & Herman Injury Lawyers in Florida

At Britto & Herman Injury Lawyers, we have a strong track record of successfully representing clients in slip and fall and trip and fall cases. Our track record demonstrates our unwavering dedication to seeking justice for accident victims. Call us today at (561) 835-5555(561) 835-5555 or fill out our online form to schedule a free case evaluation, and let us fight for the justice and compensation you need.

Time is of the essence in slip, trip, and fall cases, so don’t delay—reach out to Britto & Herman Injury Lawyers today. We are here to provide you with support, navigate the legal process on your behalf, and ensure your rights are protected after a slip and fall or trip and fall accident.

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