To win a Florida slip and fall case you have to prove the four elements of negligence: duty of care, breach of duty, causation, and damages. If you fell on a spill or a wet floor inside a business, Florida adds a fifth requirement. Under Florida Statute 768.0755, you must also prove the business had actual or constructive knowledge of the substance and should have taken action to remedy it.
Most slip and fall claims settle rather than go to trial, because a trial is slow and the outcome is never certain. That does not make the claim easy: Florida gives you two years from the date of the fall to file suit under Florida Statute 95.11(5)(a), and the evidence of the hazard disappears long before that. If you or a loved one have suffered an injury as the result of a slip and fall case, and you believe that another person or party may have acted with negligence, contact Weinstein Legal Team today for a free case evaluation.
South and Central Florida personal injury attorney Justin Weinstein handles slip and fall claims across South and Central Florida. Move quickly either way: surveillance video is often overwritten within days, and a spill is mopped up within minutes.
Call Weinstein Legal Team to speak with attorney Justin Weinstein in a free consultation.
How to Prove Negligence
In order to receive compensation in the form of a legal settlement, you will need to prove that another person or organization behaved negligently with regard to your slip and fall case. This means that they had a duty of care for your safety at the time of the accident and through either action or lack of action failed in that duty. The result is that they are liable for your injury, and you can seek medical bills, lost wages and pain and suffering. Your own share of the blame matters: under Florida Statute 768.81(6), a jury reduces your award by your percentage of fault, and if you are found greater than 50 percent at fault you recover nothing.
There are four elements of negligence that must be met in personal injury cases. These elements include:
1. Duty of Care
Your attorney must first establish that the opposing party had a responsibility to ensure you remained safe at the time of the incident. It means that they had a legal obligation to protect your wellbeing. For example, the proprietor of a store must ensure that the pathways are clear of obstructions or slippery substances.
2. Breach of Duty
Next, your attorney must be able to demonstrate that the opposing party breached, or failed to uphold, that duty of care. This breach of duty could include a failure to act, improper action, omission, and more, that results in undue risk to you. An example of a breach of duty could include a shopkeeper who is aware that a patron spilled motor oil on a tiled floor, and didn't clean it up or post signage warning patrons of the spill.
3. Causation
The third essential element in a slip and fall case is to prove that the breach of duty was the cause of the accident and subsequent injuries. Having an accident in the vicinity of a hazard is not necessarily grounds for a personal injury claim. If a business owner, for instance, is aware of a hazard, does nothing about it, and that lack of action results in an injury-causing accident, your attorney may be able to establish causation.
4. Damages
In order to have a claim, your attorney must be able to show that you, as the accident victim, have suffered damages. Damages can include economic and non-economic damages. Economic damages are direct costs to the plaintiff and include items like medical expenses, lost wages, property damage, additional care, etc. Non-economic damages are also referred to as pain and suffering. These include loss of capacity, physical pain, emotional trauma, and more.
The claims process is slow and document-heavy, and an insurer will use anything you say against the claim. That is the practical reason to have a South and Central Florida slip and fall lawyer working diligently on your case. An attorney can help with the more laborious and confusing portions of gathering evidence and documentation and can help ensure that you have all of the items you need to present to an insurance company, legal team, or in a court of law. Allow the legal team at Weinstein Legal Team to handle your case. Weinstein Legal Team works on a contingency basis, which means they are only paid upon the successful conclusion of your case. You will not owe attorney's fees or costs unless we recover for you.
Hazardous and Dangerous Conditions on a Property
Premises owners and custodians who knew or should have known about hazardous conditions on their property can be held accountable for slips and falls and other accidental injuries. These are a few common examples of these conditions:
- Water or liquid accumulations, such as from spills, leaks, and storms
- Freshly mopped or waxed floors left without a wet floor sign
- Raised, cracked, or damaged sidewalks and pavement, including parking lots
- Abrupt changes in flooring, such as unmarked steps, changes in material, and more
- Poor lighting or areas of darkness
- Hidden hazards such as holes in the ground
- Broken steps
- Broken or missing handrails
- Falling items
Evidence in Slip and Fall Cases
A slip and fall case is rarely just your word against theirs. Because Florida Statute 768.0755 makes you show the business knew or should have known about the hazard, the evidence that matters most is whatever fixes how long the spill was there: video timestamps, inspection logs, and what employees saw.
Common forms of evidence in slip and fall cases include:
- Eyewitness testimony from other employees or guests present at the time of your accident
- Surveillance footage of the incident
- Photos from the scene of the accident
- Medical reports and medical bills
- Expert testimony provided by your doctors and treating physicians regarding the extent of your injuries as well as your prognosis
- Receipts for medical costs and items such as childcare
- Labor documentation, such as FMLA paperwork that outlines your lost wages and absence from work
Steps to Take Following a Slip and Fall Injury
If you've been in an accident, you may be the best source of evidence. In premises liability cases there is usually physical evidence, and it does not last. The following checklist may help you preserve evidence and bolster your case:
- Call 911 and request medical help.
- Allow rescue workers to examine you, and if necessary, transport you to the hospital. Keep all medical records and receipts.
- Take pictures or videos of the accident scene. Include images of your injuries.
- Note the locations of video surveillance cameras.
- Ask to speak to the manager or proprietor and inform them of the accident. Ask for a copy of the incident report.
- Contact a personal injury lawyer who represents slip and fall accident victims.
Get Your Free Slip and Fall Case Evaluation Today
If you or a loved one sustain an injury in a slip and fall accident and believe that another entity may be liable, contact the team at Weinstein Legal Team today. Florida gives you two years from the date of the fall to sue under Florida Statute 95.11(5)(a), and the evidence you need goes stale much faster than that.
Call Justin Weinstein at Weinstein Legal Team for a free case evaluation. He will review the facts of your fall and explain what a claim would involve. No outcome can be promised, and every case turns on its own facts. Weinstein Legal Team answers the phone 24 hours a day, 365 days a year at (954)845-0505.
