Slip and Fall

A “slip and fall” or a “slip, trip and fall” is a type of accident that occurs when a person slips, trips or falls as a result of a dangerous condition that exists on another person’s property. As a result of the slip and fall, the person will usually sustain an injury, which may vary from minor to extremely severe.

Slip and fall accidents can occur anywhere and at any time. However, many slip and fall accidents happen due to poor weather conditions, poor lighting, dangerous flooring conditions or inadequate warnings of hazardous conditions. For example, a person may walk through a store parking lot that is covered in ice and then slip and fall. Or, a person may fall down stairs because the stairs are broken or uneven. The person may then incur substantial physical injuries that will likely need immediate medical attention and treatment.

When a person slips and falls or trips and falls on another person’s property, and he is injured, the property owner may be held liable. In the state of Florida, all landowners are responsible for ensuring that their property is free from hazardous conditions and for making sure that the general public is aware of any dangerous conditions that may exist. If a landowner fails to maintain the property and prevent hazardous conditions, and another person is injured while on the property, he may have to pay damages to the injured party

Slip and fall accidents are the most common type of "premises liability" cases, which center on the question of a property owner's duty to care for the property. Injury by fire or other accidents resulting from defects in the conditions of buildings also fall under this category.

Slip and fall cases are governed under negligence law. To prevail in a premises liability claim, an injured victim has to prove either that the 1) defendant created the hazard that led to the accident or 2) that the defendant knew or should have known about the danger and had it removed or repaired.

Structural Defects

Structural damages to a building, often due to age or wear and tear, can be a significant cause of injury. Uneven steps, parking lot potholes, cracked sidewalks, broken tiles or torn carpeting can create dangerous situations for visitors to a building. As noted earlier, to prove negligence, it must be proven that the property owner knew or should have known about the problem and failed to repair it.

Occasionally, negligence can be proven by violation of a statute. Building owners must ensure that the building's structure is in compliance with applicable building codes. For example, handrails and other similar structures typically must be installed at a certain general height. If you fall on a stairway that lacked appropriate handrails, and the lack thereof caused your injuries, you may have a valid claim against the building owner for violating building codes.

Weather-related accidents and Burden of the Plaintiff

Weather-related slip and fall accidents are difficult cases for injured plaintiffs. Landowners are generally expected to take reasonable steps to reduce hazards created by adverse weather. Moreover, in slip and fall cases, as with all other negligence claims, comparative negligence applies.

If you or a loved one has been injured in a slip and fall accident, you need to call Williams & Moore, P.A. now at (866) 258-6700. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.