Slip & Falls
All property owners are responsible for maintaining their premises safe for all those who come on their property. If you have been injured in a slip and fall accident caused by the negligence of someone else, call our law office to help you review your rights.
A trip or slip and fall accident can result in broken bones, soft tissue damage, brain trauma, and many other devastating injuries. The California slip and fall lawyers at Harris Personal Injury Lawyers can help you fight for the compensation you need to pay for medical bills, lost income, and other damages you have suffered due to your injuries.
Types of Slip and Fall Cases We Handle
A slip and fall can happen anywhere. One spilled beverage or small puddle could be all it takes to cause debilitating injuries. With a comprehensive knowledge of California premises liability laws, Berge Law, P.A. provides aggressive legal representation in the following types of cases:
- Indoor slip and fall injuries;
- Outdoor slip and fall injuries;
- Slips and falls in supermarkets;
- Slips and falls that occur on sidewalks and walkways;
- Slips and falls at marinas;
- Slips and falls on boats;
- Slips and falls in apartment complexes;
- Slips and falls caused by rain, snow, or sleet;
- Slips and falls that occur on tile, carpet, concrete, or linoleum;
- Slips and falls due to inadequate lighting or lack of handrails; and
- Slips and falls on elevators or escalators.
The Burden of Proof
Florida Statute § 768.0755 changed the rules of slip and fall liability claims by requiring that a plaintiff prove that a property or business owner not only acted unreasonably in the upkeep of his or her property, but also that he or she knew (actually or constructively) that there was a dangerous condition that could pose a safety concern. Actual knowledge is self-explanatory, as it requires that the business or property owner knew of a spill, leak or other instance of a danger that could cause a slip and fall. Constructive knowledge imputes knowledge upon a business or property owner and can be proven using inference. For instance, a business owner may be deemed to have constructive knowledge of a spill if there was liquid in an area that liquid frequently gathered or was spilled. Also, constructive knowledge can be imputed in instances where the spill or instance of liquid creating a dangerous slip and fall situation was present for an extended period of time and should have been detected by an employee.
There’s no one-size-fits-all approach to representing victims of slip and fall accidents. It’s important that you find a slip and fall attorney who will give your case personalized attention. Berge Law, P.A. will investigate your case to identify all potentially liable parties. We will gather evidence of liability before it becomes unavailable, which might include:
- Surveillance footage of your fall;
- Witness testimony;
- Testimony from expert witnesses;
- Records of slips and falls on the same property;
- Photos of the dangerous condition that caused your fall;
- Maintenance records; and
- The incident and police reports.
What Damages Are Recoverable After a Slip and Fall?
The answer to this question depends on the specific facts of your case. Once hired, our firm will evaluate your medical records, invoices from accident-related expenses, and other evidence you have gathered to determine the types of damages you may be able to recover. In the state of Florida, personal injury claimants can pursue compensation for:
- Economic Damages:These include past and future healthcare expenses, lost income, reduced earning capacity, and other objectively verifiable expenses you have incurred or might incur in the future due to your injuries.
- Non-Economic Damages:These include pain and suffering, loss of enjoyment, loss of consortium, and disability and disfigurement.
- Exemplary Damages:Commonly known as, “punitive” damages, these are intended to punish the defendant for egregious behavior that constitutes malice, fraud, or oppression.
The damages you may be able to recover will depend on the severity of your injuries, the amount of income you lost during recovery, whether you will be able to return to work, the effects of your injuries on your relationships, and many other factors. The California slip and fall attorneys at Harris Personal Injury Lawyers will calculate your damages to make sure your claim includes all possible recoverable losses.
What Steps Can I Take to Strengthen My Slip and Fall Claim?
There are several important steps you should take after your fall and over the hours and days that follow to strengthen your claim. Those steps include:
- Write down the sequence of events that led to your accident including details about where your fall occurred—whether the ground was wet, the lighting conditions, the weather conditions, etc.;
- Take time-stamped photos of the accident scene before the property owner has a chance to fix the hazard that caused your fall;
- Report the incident to the property owner or manager, and ask for a copy of the incident report;
- Put your shoes and the clothes you were wearing in a safe place in case the at-fault party argues that your footwear contributed to your fall;
- Record the contact information of witnesses;
- Seek medical attention; and
- Contact a reputable slip and fall lawyer in Florida to discuss how to proceed with your claim.
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