According to the National Safety Council, the related costs from slip and fall accidents, including medical care, lawsuits, settlements, lost productivity and wages, exceeds $100 Billion annually!
The state of Florida used to enjoyed the reputation as the best state to try slip and fall cases, due to one of the lowest requirements for burden. That has since changed. Bill 689 requires an injured person to prove that the defendant had prior knowledge about the condition that led to the accident and that the defendant could have done something about the condition. Alternatively, a plaintiff must prove that the defendant should have anticipated the incident due to a recurring condition, such as a bathroom with a constantly wet floor.
Accidents happen, and injuries are often the result, but when the accident was caused by something (or someone) outside of your control, you may wonder if you have any options for legal recourse. The key issue in a slip and fall accident claim is liability. Whether you are pursuing an insurance settlement or personal injury lawsuit, to win your case you will need to be able to prove that someone else, usually the property owner is liable for your injuries.
To win a slip and fall personal injury lawsuit, you need to show that the property owner or tenant was negligent, meaning some action they took or failed to take caused the fall. Time is usually an important component in proving negligence and liability. For example, how long was the hazard there and was it reasonable to believe that the property owner should have discovered the situation and remedied it before an accident occurred?
If you have been involved in a slip and fall accident, be careful about what you say and do after the accident. If you are speaking with the property owner, an insurance adjuster, or an attorney then anything you say can be used to downplay your injury or shift the blame to you. Even simple phrases like “I’m ok,” or “I didn’t see that there” could be used against you, so try and keep quiet as best you are able. If you need to describe the accident, stick to the facts and consult an attorney. Filing a slip and fall claim or lawsuit can be a difficult and frustrating process that is made easier by the assistance of an attorney. An experienced slip and fall attorney can be very important to recovering compensation you are owed. We’ve helped 100’s of clients with slip and fall settlements and we offer a free consultation to all clients. If you or a loved one was injured in a slip and fall accident, call us at 850.224.7758 in Tallahassee or 1.877.900.0808 in West Palm Beach for a FREE consultation.