It seems like almost everybody is familiar with the phrase slip and fall. Most often, people use it to refer to a type of accident where someone either slips, or somehow loses their footing, falls down, and suffers an injury while on someone else’s property. Quite commonly, the slip occurs because there is some foreign substance on the floor (i.e. water or juice in a grocery store). But the phrase can also properly encompass a situation where a person trips and falls over a foreign object that shouldn’t be in their path. Either way, as unfortunate as these situations are, they do happen with some regularity. Having the right Hollywood slip and fall lawyers by your side, such as our team at Fischer Redavid PLLC, can make all the difference.
A slip and fall attorney can be by your side through every step of your injury case. From investigating the property owner and finding evidence of negligence to going up against an insurance company, your lawyer can handle your case while you concentrate on healing. Our attorneys are prepared to go to court in Hollywood if that is what it takes to achieve the best possible results on your behalf. Our firm works on a contingency fee basis, so you will not have to pay your attorney anything unless we win your case.
Slip and fall accidents are properly couched as a premises liability case, which means that a property owner who had a duty to ensure his or her premises were safe for visitors breached that duty, causing injuries. The injured person may then bring a lawsuit against that property owner, which can be a homeowner, business owner, or management companies of a large commercial property (e.g. hotel, shopping center, etc.).
The goal is always for the injured party to receive just compensation for their injuries. To do that, though, it’ll take three things: first, you must show that the property owner knew or should have known about the dangerous condition that caused the injury; second, that the property owner failed to repair or remedy the situation, or at least give a proper warning; and third, the dangerous condition was the cause of the injuries suffered. This process of proof can be dependent upon many details, which is why it is essential to hire one of the best Hollywood personal injury lawyers to ensure your case gets the value it deserves.
Perhaps the most common misconception about a slip and fall case is that if you are hurt on someone else’s property, you will automatically win your case and recover money from that property owner. That’s not always true. While businesses that are open to the public do have a duty to maintain to maintain a reasonably-safe premises, quite often they will argue that they either rid their property of the unsafe condition, couldn’t reasonably have been aware of it, or even if they were, that they put up sufficient notice to warn customers of the condition.
Many slip and fall accidents are not just inconveniences for victims. They can cause substantial harm, including serious personal injuries that put the victim out of work or in the hospital. Over one million people visit hospitals for slip and fall injuries each year, according to the National Floor Safety Institute. Slip and fall accidents can be especially harmful to the elderly, who could suffer hip fractures or concussions. A victim could suffer many types of injuries in a slip and fall accident in Hollywood.
No matter what types of injuries your case involves, speak to one of our attorneys about a potential civil claim. Any injury, major or minor, could make you eligible for financial compensation from the at-fault party’s insurance company. A serious or catastrophic injury claim will generally be worth more than a minor injury claim. Hire an attorney if your injuries were serious enough to make you miss work, cause a disability, or put you through significant pain and suffering.
In most slip and fall injury claims, the owner of the property where the accident occurred will be responsible for victims’ damages. A property owner must take due care to prevent slip and trip accidents. The property owner owes certain duties of care to visitors depending on their status. If you were in a store, for example, you were an invitee – the type of visitor to which an owner owes the highest standards of care. As an invitee, you have a legal right to expect a property owner to inspect the area for slip and fall hazards, repair known defects and warn you of potential risks, such as slippery surfaces.
If you were on a property for your own purposes (e.g. as a door-to-door salesperson), the owner will not owe you a duty to inspect for unknown defects. However, the other two duties of care still apply. The only time a property owner will not owe you the duty to reasonably prevent accidents is if you were trespassing on the property or did not have permission to be there. In most slip and fall accident claims, the property owner will be the entity legally responsible for victims’ damages.
Florida is a pure comparative negligence state, meaning you could still recover compensation even if the property owner alleges you were at fault for the accident. Even if the courts find you 90% responsible, you could recover a compensation award for your injuries. The courts will reduce your recovery by your percentage of fault. Minimizing your degree of fault with help from an attorney could help you maximize your recovery amount. If a property owner tries to allege your comparative fault, your lawyer can fight back with evidence of his or her negligence instead.
Obtaining compensation for your slip and fall accident takes proving someone else was responsible for the fall. This takes proving negligence, in most cases. The legal doctrine of negligence examines the standards of care for the situation. A property owner owes people who enter the premises unique standards of care. To win a premises liability case in Florida, the plaintiff’s lawyer must prove four main facts. All of them center around proving the property owner failed to obey the standards of care.
Proving a slip and fall claim in Florida takes convincing the judge or jury that your side of events is more likely to be true than not true. You do not have to prove your stance beyond a reasonable doubt, as is the burden of proof in criminal cases. It can still be difficult, however, to win your case without help from a personal injury attorney. Hiring a Hollywood slip and fall attorney could increase your chances of success.
Your ability to recover financially after a slip and fall in Hollywood rests largely with what you do after your accident. Do not rely on property managers or landlords to document your injury or fight for your rights for you. Take steps to protect yourself. Otherwise, you could miss important details or deadlines that hurt your claim.
Do not wait too long to take legal action after a serious slip and fall accident in Hollywood. Although you generally have four years from the date of your fall to bring a personal injury claim, waiting could lead to the destruction of key evidence in your case. The sooner you start working toward your financial recovery, the stronger your case could be.
If you or a loved one has sustained injuries due to a property manager’s negligence, you already have a great deal on your mind. The medical bills associated with the injury itself, any physical therapy that is necessary after, and the lost wages while you recover can all amount to difficult times for you and your family. Let our team of Hollywood personal injury attorneys fight to get you the compensation you need.
Contact us today at (954) 860-8434 to schedule your free case evaluation!