A slip and fall typically occurs when a surface is slick or unstable, causing you to lose footing and, in many cases, fall backward. In contrast, a trip and fall happens when your foot catches on an object or uneven surface, typically causing you to fall forward. Each can result in catastrophic injuries that can change your life.
You may have legal options following your accident. Filing a personal injury claim requires proving the cause of your fall, and you’ll need evidence to support your claim. A Boca Raton slip and fall accident lawyer can review your case and help you seek damages.
Causes of Slip and Fall vs. Trip and Fall Accidents
In personal injury law, slip and fall and trip and fall incidents can lead to premises liability claims.
- Slip and Fall: A slip and fall accident occurs when an individual loses balance due to insufficient friction between their footwear and the walking surface, often resulting in a backward fall. Common causes include wet floors, icy surfaces, or polished tiles.
- Trip and Fall: A trip and fall accident happens when a person’s foot strikes an object or encounters an unexpected change in elevation, often leading to a forward fall. Typical causes encompass uneven sidewalks, loose carpeting, or cluttered walkways.
Other factors, such as inadequate lighting that makes it difficult to see the hazard, may also contribute to a slip or trip and fall accident.
Property owners who fail to maintain their properties could be liable for a slip and fall or trip and fall. Property owners may be liable if they knew or should have known about the hazardous condition and failed to address it. Your slip and fall attorney will need to present evidence of the property owner’s negligence and that the hazard caused your fall.
Injuries From Slip and Fall or Trip and Fall Accidents
The injuries sustained from slip and fall versus trip and fall incidents are similar. Some examples of injuries from fall accidents include:
- Broken bones
- Head injuries
- Neck injuries
- Back injuries
- Sprains and strains
- Traumatic brain injuries
- Spinal cord injuries
To establish liability for these or other injuries sustained in a slip or trip and fall, victims must prove the property owner, such as a business establishment, was negligent.
Proving Liability for Slip or Trip and Fall Accidents
The Florida Statutes specifically address slip and fall accidents in business establishments. Per §768.0755, a property owner is liable if the business establishment had actual or constructive knowledge of the foreign substance (such as water or other spilled liquids) and failed to correct it.
Constructive knowledge can be demonstrated if the hazard existed for a sufficient length of time that the business should have discovered it, or if the condition occurred regularly and was therefore foreseeable (a leaky pipe, for example).
The standard to hold a property liable for a trip and fall is similar: victims must establish the proper owner knew or should have known of a hazard and failed to correct it or provide adequate warning (such as a sign announcing the presence of the hazard).
A Boca Raton personal injury lawyer can assist by gathering evidence such as surveillance footage and maintenance records to establish negligence.
Comparative Negligence and Its Effect on Compensation in Florida Fall Cases
In Florida, the rule of comparative negligence plays a pivotal role in personal injury cases, including slip and fall and trip and fall incidents.
As of March 2023, Florida adheres to a modified comparative negligence standard. Under this system, an injured party can recover damages only if they are 50% or less at fault for the incident. If a plaintiff is found to be more than 50% responsible, they are barred from receiving any compensation.
Impact on Compensation
- Determining Fault: In slip and fall or trip and fall cases, both the property owner’s and the injured party’s actions are scrutinized. For instance, if an individual was distracted by their phone and failed to notice a clearly marked hazard, they might be partially at fault.
- Adjusting Damages: The total compensation awarded is reduced by the injured party’s percentage of fault. For example, if the court awards $100,000 in damages but determines the plaintiff is 30% at fault, the injury victim would receive $70,000.
How a Personal Injury Lawyer Can Fight for Fair Compensation
Navigating Florida’s comparative negligence laws can be complex. A slip and fall accident attorney can:
- Gather Evidence: Collect and preserve evidence to establish the property owner’s negligence and minimize the plaintiff’s fault.
- Advocate on Your Behalf: Challenge any assertions that disproportionately assign blame to you, ensuring a fair assessment of responsibility.
Understanding the nuances of comparative negligence is essential for anyone pursuing a personal injury claim in Florida.
Defenses Property Owners May Use in Slip and Trip Cases
Property owners and insurers may use several defenses to deny or reduce liability in slip and fall and trip and fall cases in Florida, including:
- Open and Obvious Defense: Arguing the hazard was clearly visible and avoidable.
- Comparative Negligence: Claiming the injured party was distracted or acted recklessly.
- Lack of Notice: Stating they were unaware of the hazard and had no reasonable opportunity to fix it.
A Florida personal injury lawyer can counter these defenses with evidence, expert testimony, and legal strategy to strengthen your claim.
What to Do After a Slip or Trip and Fall Accident
After a slip or trip and fall, taking the right steps is crucial.
- Seeking immediate medical attention ensures that injuries are properly documented.
- Reporting the incident to the property owner or manager creates an official record of the accident.
- Gathering evidence, such as photos, witness contact information, and surveillance footage, can help establish liability.
- Consulting a personal injury lawyer as soon as possible is essential to navigating Florida’s premises liability laws, preserving crucial evidence, and negotiating with insurance companies to seek fair compensation for medical expenses, lost wages, and pain and suffering.
Contact a Florida Slip and Fall Injury Attorney
If you’ve been injured, contact a Florida slip and fall accident attorney at GED Lawyers to help you navigate legal complexities, gather strong evidence, and protect your rights. Our law team works on contingency, so there are no upfront costs to you. We’ve recovered over $26 million for our clients, and we’ll fight for you to recover the fair compensation you deserve.
