Suffering a slip and fall injury due to the negligence of another is both frustrating and unfair. Every property or building owner has a responsibility to make sure their property is safe and they must correct any hidden dangers to ensure the safety of those who are on their property. When that does not happen, an experienced Palm Harbor slip and fall attorney will aggressively seek fair compensation for victims, who may face a lengthy recovery from major injuries. Some people must live with long term damage as a result of the injuries stemming from slip and fall accidents. These cases require attention to detail and a committed legal team that’s ready to litigate your case. Not sure if you have a case? Schedule a complimentary consultation with our office to explore your legal options with one of our experienced slip and fall attorneys.
You may be entitled to damages from pain and suffering, lost wages, reduced earning capacity and your medical expenses – both current and future costs. No two cases are the same and therefore, our Palm Harbor clients never receive a “cookie cutter” approach. We provide representation that’s best suited for your needs and circumstances. Our goal is to protect your interests, pursuing negligent property owners and others who are liable, while working hard to help you get the compensation you need to recover and move on with your life. For some, this may mean negotiating a settlement to compensate you for your injury, while in other premises liability cases, the case may go to litigation and trial.
What is a Slip and Fall Accident?
The terms slip and fall or trip and fall are used to describe a number of accidents, but basically it’s used when someone slips or trips on another’s property and suffers losses due to those injuries.
A slip and fall injury case can be brought when dangerous or hazardous conditions on someone else’s property results in an injury. Dangerous conditions inside a building may include torn carpeting, an uneven floor, changes in flooring such as going from a carpeted area to a tiled area, poor lighting, narrow stairs, or a wet floors or a slippery floor. Hazardous conditions outside a building may include slick and slippery surfaces on sidewalks or steps, even a hard-to-see pothole in the ground.
Florida’s liability laws are clear in that a property owner or business owner is required to keep their property in a safe condition for guests. If an owner knows there is an unsafe area, he is obligated to remedy the situation immediately. If he fails to do so and someone is injured as a result of his negligence, the owner can be held liable for the injury and the injured party may then sue for negligence.
How Can I Prove a Slip and Fall Accident Occurred?
Florida law requires three things must be proven. The property owner had an obligation or duty of care to the one who was injured. An “open” sign is considered an invitation into the owner’s shop, stores, offices or other places of business. Second, there must exist an absence of reasonable care in maintaining the property so that it’s safe for consumers or the general public. The courts make this determination. Finally, there must be an injury as a result of the absence of reasonable care.
One of the more controversial areas of slip and fall cases is what’s known as “transitory foreign substances”. It has been contested many times over the years, but basically, it’s defined as “any liquid or solid substance, item or object located where it does not belong”. Currently, in a case like this, when one slips and falls on a transitory foreign substance within the confines of a business establishment, the injured party must satisfy to the court that the company was negligent. Typically, lawyers are tasked with proving that the defendant(s) knew of the dangerous condition and should have taken action to remedy it, but didn’t.
Some of those challenges come with discerning who is at fault in a premises liability case, especially when there are corporations involved. It may be that several parties will share the responsibility. Even if there are two, three or more defendants at fault, they may be responsible to varying degrees and as such, their financial obligations to you, as the victim, may vary as well. This is the way Florida law is written. We discuss these and other important elements in detail with our clients as their cases progresses.
There also exists a statute of limitations with personal injury, medical malpractice and premises liability cases. Any suit must be filed within four years of the slip and fall accident. Keep in mind, these types of injuries can become complicated, which is why a qualified and experienced Palm Harbor slip and fall attorney is your best defense. It’s also why you should act sooner rather than later, especially when there is security footage, witnesses or other key evidence that could degrade or disappear with time, making it more challenging to prove that a property owner’s negligent actions (or inaction) led to serious injuries.
Many clients contact us after they’ve been involved in a slip and fall injury at their workplace. In those instances, an employee normally cannot sue his employer under state personal injury laws. Work related injuries are generally addressed under Florida’s workers’ compensation statutes.
What is Comparative Negligence?
Florida also incorporates what’s known as “comparative negligence”. This is a measurement used by the court that compares the injured party to the business owner with the goal of determining the weight of fault. In other words, an injured party may have been careless enough to be held to some degree of responsibility. The court factors that into its judgment and award calculations.
How are Benefits Determined in A Slip and Fall Case?
Once we successfully win your case, it’s then up to the court to determine your financial compensation. Note that each case is different and consideration is given to a number of dynamics, including medical costs, any lost wages – including future wages that the court expects you to lose, any permanent disability, emotional trauma, other out of pocket costs you’ve already incurred, such as the need for a housekeeper during your rehabilitation..
The team at Jeffrey W. Hensley, P.A. has used its knowledge of Florida laws associated with slip and fall injuries along with our collective insider knowledge of the medical profession in our efforts of helping our clients secure fair compensation. We are confident we can help you too and we welcome the opportunity to discuss your case. We know that slip and fall cases in Florida can be challenging and complicated, but with our legal expertise, you’re in good hands. Give us a call today and our legal team will perform a review of your case. Call 727-781-3433.
The best!!! The Law Office of Jeffrey Hensley PA stuck by me through this long drawn out case and was always there to answer my questions!! Hopefully I never need this amazing team for anything else but if I do they will be my first call!
I am a Vietnam veteran who was exposed to Agent Orange.
Mr. Hensley helped me with my disability claim with the Veterans Administration.
I had been stonewalled by the system, after trying on my own for almost two years. He helped me through a very difficult time and my case settled within several months once he took over.
My wife and I cannot thank you and your firm enough for all that you did.
If you're looking for a good attorney this is the best place to go! Handled my claim fast. Thank you!! 5 Star's not enough!!