Hollywood Slip and Fall Lawyers
While many people think that slipping and falling is a minor injury, slip & fall accident lawyers in Hollywood, FL know that these accidents can be devastating. At my law firm, Flaxman Law Group, I represented a woman who slipped and fell in a store when getting some ice cream. A stock boy had left a cart in the ice cream aisle and my client backed into the cart and fell down. She broke her hip, but the store resisted paying her the fair compensation she deserved. Our team aggressively pursued the case and we were able to get her the compensation she needed to pay her medical bills and other injury expenses.
I share this case because it happens all too often—the person who slips and falls is often blamed for their injuries. Ridiculous. If you fall and are injured, contact Flaxman Law Group for a free consultation. I can explain whether you have a claim and can explain what I may be able to do to pursue your rightful compensation.
What Is a Slip & Fall Case?
In Florida, a slip and fall case is a legal claim made when someone is injured due to a slip, trip, or fall that happens on someone else’s property. Slip and fall accidents fall under the category of premises liability, which is a legal term that holds property owners responsible for maintaining safe environments for visitors. If an unsafe condition exists on the property and causes someone to fall and get injured, the property owner or occupier may be held legally accountable.
Slip and fall cases are common in grocery stores, shopping malls, parking lots, restaurants, and even private residences. Anywhere you go, dangerous conditions can cause a fall and serious injury. Whether the cause of the fall was a wet floor, a broken sidewalk, or insufficient lighting, a slip and fall injury can lead to significant long-term consequences. If this happens to you, in order to seek compensation, you must prove that the property owner was negligent in maintaining the property.
What To Do After a Slip and Fall Accident
The steps you take immediately after a fall are crucial. They can determine how well you heal from your injuries and how much compensation (if any) you can pursue. Here’s what you’ll want to do:
- Seek medical attention. The first priority after any slip and fall injury is to seek medical treatment, even if you don’t think you’ve been hurt. Some injuries, especially those related to the head, spine, or internal organs, might not be obvious right away. Prompt medical evaluation gives you the best chance of getting prompt medical treatment that helps you heal. It also ensures that injuries are properly documented, which will be important if you decide to pursue a legal claim.
- Report the accident. If you were injured in a public or private place like a store, restaurant, or office, it’s important to report the incident to the property owner or manager. Request a copy of the incident report and ensure that the accident is documented in writing. This record will be critical if you decide to pursue legal action.
- Gather evidence. If you can, gather evidence at the scene of the accident. Take photos of the area where you fell, including any hazards that may have caused your fall, such as wet floors, broken steps, or poor lighting. If there were any witnesses, get their contact information, since their testimony could be useful in supporting your case. As you heal, keep track of your symptoms, medical appointments, costs related to your injury, and any time you need to take off work. This can help your lawyer establish the severity of your injuries.
- Avoid admitting fault. It’s natural to want to explain what happened, but avoid admitting fault or saying you’re fine. Even if you think you may have caused the fall, don’t say so to a property owner, insurance company, or other parties. Talk to your lawyer before discussing the accident with anyone else. The property owner’s insurance company may try to use any statements you make against you.
- Consult with a lawyer. Consulting with slip & fall accident lawyers in Hollywood, FL can help you understand whether you have a case and how you might be able to seek compensation. Your lawyer can gather evidence in your case and can negotiate with insurers for you.
In a slip and fall case, even if you’re not sure you want to file a claim, do take these steps and consult with slip & fall accident lawyers in Hollywood, FL. Taking action quickly is important to safeguard evidence.
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Causes of Slip & Falls
Slip and fall accidents can occur due to negligence on the part of property owners, managers, or employees. They can also occur due to distraction, poor weather, and other causes. Some common reasons why slip and falls happen include:
- Slippery surfaces. Spills, leaks, or recently mopped floors are frequent causes of slip and fall accidents. Property owners and employees must act quickly to clean up spills and mark wet areas with proper signage to prevent accidents.
- Uneven flooring. Cracked or uneven floors, loose tiles, and torn carpets are all hazardous tripping hazards. When a property owner fails to maintain their flooring, they can be held liable if someone is injured due to an unsafe walking surface.
- Cluttered walkways. Items left in walkways, including boxes, cords, carts, or furniture, can create trip hazards. Property owners are responsible for keeping walkways clear and accessible.
- Poor lighting. Insufficient lighting, especially in hallways, stairwells, parking lots, or other high-traffic areas, can make it difficult for people to see hazards, increasing the likelihood of a fall.
- Uneven outdoor walking areas. Cracks in sidewalks, raised pavement, or poorly maintained outdoor areas are another common cause of slip and fall accidents. Property owners have a responsibility to repair these hazards and prevent injuries to pedestrians.
- Weather. While Florida doesn’t have to worry about snow and ice, rain can pose a slipping hazard outside and can be dragged indoors. Property owners may be responsible for clearing sidewalks, parking lots, and other outdoor spaces and of keeping indoor surfaces clean and dry, too.
- Poor maintenance. This could involve failing to fix broken handrails, worn-out rugs, or improperly installed flooring. Property owners must regularly inspect their premises and make necessary repairs to ensure visitors stay safe.
As you can see, many causes of slip and fall accidents are preventable and caused by recklessness. Even a situation like a leaky pipe or rain is something property owners should be aware of and should take steps to address.
Types of Slip & Fall Injuries
While many people think slipping and falling is mostly embarrassing, it can lead to serious injuries, including:
- Broken bones. Falls often result in fractures, particularly in the wrists, arms, legs, ankles, and hips. These injuries can be painful and require long recovery times. In older adults, hip fractures can lead to permanent disability, which is why slip and fall cases in care facilities can lead to nursing home abuse and neglect claims.
- Back injuries. A fall can cause significant damage to the back or spine, including herniated discs, sprains, strains, or even spinal cord injuries that result in paralysis. These types of injuries often require extensive medical treatment and may result in permanent impairment.
- Head injuries. When you fall, you can hit your head on the way down or you can hit your head on the floor or pavement. This can lead to concussions, traumatic brain injuries (TBI), or skull fractures. TBI can cause long-lasting cognitive, emotional, and physical problems that may never fully resolve.
- Neck injuries. Injuries such as whiplash, strains, or sprains can lead to pain, stiffness, and limited mobility. Severe neck injuries may require surgery or rehabilitation.
- Soft tissue injuries. Soft tissue injuries, such as sprains, strains, and bruises, are common in slip and fall accidents. These injuries can be painful and require physical therapy.
- Knee and joint injuries. Falling can cause damage to the knees or other joints, because you may land on your knees or twist a joint in the fall. Falls can cause sprains, strains, or tears in ligaments or tendons, which can lead to chronic pain. In some cases, you may need surgery for these injuries.
- Psychological injuries. Slip and fall accidents can also cause emotional trauma, especially for older individuals. The fear of falling again, post-traumatic stress, and anxiety are common after a serious fall.
The injuries that can result from a fall are wide-ranging and can vary from mild to severe. Since there is a risk of serious head injuries with a fall, it’s important to always get medically examined after your accident to rule out serious injury.
Who Will Be Held Responsible?
Determining who will be held responsible for your injuries depends on the specifics of the accident. Generally, the property owner, manager, or tenant may be held liable if their negligence led to the accident.
If your injury was caused by poor maintenance, such as loose floor tiles, it is typically the property owner, landlord, or property manager who will be held liable. Sometimes, however, employees are held accountable. If a contractor leaves tools on the floor and you fall in a construction site accident, the employee and employer may both be found responsible.
In certain cases, third parties such as contractors, repair companies, or suppliers may be responsible for a slip and fall accident. For example, if a contractor fails to repair a broken step, they could be held liable for any injuries resulting from the fall.
What if you’re injured at work? In these cases, you may have a workers’ compensation claim. Even if your employer created unsafe conditions, the workers’ compensation system offers no-fault insurance, meaning you can seek benefits without having to prove that your employer was negligent.
How Is Negligence Determined?
To prove negligence, you must show that the defendant had a duty of care, breached that duty, and caused your injury through their actions or inactions. You will generally work with slip & fall accident lawyers in Hollywood, FL to prove negligence. Your attorneys will prove negligence by:
- Securing surveillance footage. Footage from a store or apartment can show the conditions before a slip and fall, and can establish how long a dangerous condition was allowed to persist.
- Securing documents. Your attorney can get organizations to hand over documents that show when a property was repaired, whether any complaints were made, and what the clean-up schedule was like.
- Seeking witness testimony. Witnesses can testify whether they saw any dangerous conditions or heard a property owner or manager talking about a hazard.
- Finding others who were injured. If there are others who fell in the same restaurant, parking lot, or other space, this can help establish a pattern of negligence and dangerous conditions.
- Getting experts involved. Attorneys can get sworn information from engineers or other experts, who can help establish why a specific fall took place. They can also get testimony from medical experts, who can testify about the severity of your injuries and how likely your injuries are to prevent you from working or living your life.
- Working with investigators. Attorneys can work with private investigators, who can find out if an insurer is acting in bad faith or if a property owner has a history of being reckless with safety.
Slip & fall accident lawyers in Hollywood, FL have many resources and networks of professionals they can turn to help build a strong case for you. Your attorney will also take care of all the details, proving your case so you don’t have to.
Slip and fall accidents are more common than many people realize, and they can leave you unable to care for yourself and unable to return to work for a long time. If you’ve been injured in a slip and fall accident, contact Flaxman Law Group for a free consultation. Let’s find out what your options might be.
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