Tampa Slip And Fall Lawyers

Injuries Caused by Dangerous Property Conditions in Florida

Everybody falls sometimes, but there are cases when slipping and falling is not the result of clumsiness. Injuries caused by dangerous property conditions can include broken bones, concussions, and even spinal injuries. The severity of these injuries often depends on the height from which a person falls, the surface they land on, and the overall condition of the premises. Property owners have a duty to minimize these risks by maintaining a safe environment for visitors.

If you were injured after you slipped, tripped, or fell on someone else’s property as a result of dangerous conditions, you may have grounds for a lawsuit. Call our Tampa slip & fall accident attorneys for a free consultation: (813) 710-4816.

Common Causes of Slips, Trips & Falls

Slip & fall claims are a type of premises liability lawsuit that accuses a property owner of negligently maintaining their premises. Various property hazards can result in a slip and fall, such as:

• Defective staircases: There are regulations for how staircases must be built and maintained. If the staircase is defective or missing any required safety elements, and someone is injured due to that negligence, an injury claim can be filed.
• Inadequate lighting: Similar to staircases, there are regulations for lighting in public buildings and surrounding areas. Inadequate lighting can cause preventable falls due to poor visibility. 
• Uneven surfaces: Cracked pavement, potholes, and other types of uneven surfaces present a walking hazard. When the entity or individual responsible for the walking surface fails to repair it or warn passersby, this may constitute negligence. 
• Wet surfaces: Spills, leaks, and adverse weather conditions can create wet or even icy walking surfaces. Like uneven surfaces, wet walking surfaces that are not fixed or cautioned against can be grounds for a slip & fall claim. 

Businesses Have a Duty to Keep Customers Safe

One key component of a slip and fall case involves the duty that a business establishment has to keep their store safe and whether the business knew, or should have known, that a potentially dangerous condition existed at the time of the incident. The law states that if a person slips and falls at a business establishment, the injured person must prove that the business had actual or constructive knowledge of the hazard and should have taken action to remedy it.

The statute also provides that constructive knowledge may be proven by circumstantial evidence showing that the dangerous condition occurs regularly and was foreseeable by the business, or that the condition existed for such a length of time that the business should have discovered the condition and fixed it.

What this means is that businesses generally have a duty to inspect their premises every so often for dangerous conditions and take action to remedy them if discovered. This is especially true for food stores where items can fall off the shelf and create obstacles or messes and where refrigerators and coolers can leak water onto a floor and create puddles. Additionally, in bad weather, many businesses will have a duty to ensure that rain water and mud is not being tracked onto their floors.

If a business does not take proper care to ensure the safety of their customers, they may be liable for any injuries suffered as a result.

Why It’s Important to Report Your Accident

If you’ve been injured in a slip & fall, it is important to report your accident to the owner of the premises. In many cases, this means reporting the accident to the restaurant, grocery store, shopping center, mall, or other business where the slip & fall occurred. 

This is usually done through some type of incident report that will serve as a record of exactly where, when, and how the accident occurred, including the names of any witnesses, the name of the manager on duty, and other important factors and information.

Even if you don’t think the fall was serious or feel like you were hurt, it is essential to at least give some notice about what occurred, as it may take a few days to start feeling pain from the accident. The documentation of your accident with management and the creation of some record may prove to be the difference in your case. 

Insurance companies will often look at whether an incident was reported. If it was not, they may try to use this against you when discussing liability and damages. Even if you failed to report your accident, you should still discuss your options with a slip & fall lawyer in Tampa. When you call Robert Sparks Attorneys, we can review your case for free and help you determine the best way forward.

What If I Slipped & Fell at Work?

The workplace is a common venue for slip, trip and fall accidents. This is particularly true for individuals who work in construction or industrial fields. Work accidents are often handled by way of workers’ compensation claims. By accepting a workers’ compensation claim, the employee foregoes their right to bring litigation against their employer.

Frequently Asked Questions

What is the statute of limitations for slip & fall cases in Florida?

In Florida, the statute of limitations for filing a slip & fall lawsuit is typically four years from the date of the accident. This timeframe means you must take legal action within four years to pursue compensation for injuries sustained from a slip & fall. It is crucial to act within this period, as failure to do so may result in forfeiting the right to seek legal remedies. Given the complexities of gathering evidence and building a strong case, it is advisable to consult with a lawyer well before this deadline to ensure all legal avenues are explored.

How can I prove negligence in a slip & fall case?

Proving negligence in a slip & fall case in Tampa involves demonstrating that the property owner failed to maintain safe conditions on their premises. Key elements include establishing that the owner was aware, or should have been aware, of a dangerous condition and yet failed to address it. Evidence such as surveillance footage, maintenance records, and witness testimony can be pivotal in proving negligence. Additionally, documenting the scene with photographs immediately after the accident can serve as compelling evidence in your case.

What compensation can I receive from a slip & fall claim?

Compensation from a slip & fall claim can cover a range of damages, including medical expenses, lost wages, pain and suffering, and loss of future earnings. The specific amount depends on factors such as the severity of the injuries, the duration of recovery, and the impact on the victim's quality of life. By collecting all relevant documentation, such as medical records and proof of income loss, you can help ensure that you receive fair compensation that reflects the full extent of your damages.

What role does weather play in slip & fall accidents?

In Tampa, weather conditions such as rain can significantly contribute to slip & fall accidents, making it imperative for businesses to take extra precautions. During Florida's rainy season, property owners must be vigilant in preventing water accumulation in entrance areas, sidewalks, and parking lots. Businesses are expected to take reasonable steps to mitigate these risks, such as placing warning signs and ensuring regular maintenance of drainage systems. Failure to address weather-related hazards can strengthen a slip & fall claim.

Contact Our Slip And Fall Attorney in Tampa Today

Victims of negligence deserve justice and maximum compensation for their injuries. Our Tampa slip & fall accident lawyers are here to help make that happen.

Read about cases we recently handled:

• Slip & fall lawsuit against Save-A-Lot grocery store
• Lawsuit against local hotel for pool slip & fall

Does your claim have merit? Find out. Robert Sparks Attorneys is here to discuss your case in a free consultation with our Tampa slip and fall lawyers. We will listen to the details of your case and determine if your slip, trip, or fall warrants a personal injury claim. Call (813) 710-4816 or contact us online.