Each year, there are more than 1 million visits to emergency rooms as a result of people getting injured when they fall down. Although young children and the elderly are at the greatest risk of suffering an injury due to taking a tumble, anyone of any age could be hurt or even killed by injuries sustained in a fall accident.
At Steinger, Greene & Feiner, our Fort Lauderdale slip and fall accident lawyers know that many falls occur as a result of hazardous conditions on public or private property. Those who own or control the properties where the hazards existed may be held legally responsible for the losses caused by the fall injuries, but it is up to accident victims to take legal action. We can help.
Our experienced attorneys can represent you, explain your rights and work to get you fair and full compensation if you’ve been hurt or your loved one has been killed by a fall accident.
Slip and Fall Accident Causes
Slip and fall accidents happen for a lot of different reasons, but most often there is some factor involved that led to the fall besides the victim just tripping over his own feet. For example, some of the top reasons why these accidents occur include:
- A step-down or change in elevation, especially one that is not properly marked
- A poorly lit area
- A floor that is slippery, especially when wet
- Dangerous stairs with narrow treads, uneven treads or a broken railing
- A change in the flooring surface such as a shift from carpet to tile
- A throw rug or other unsecured carpet
- Cracked tile or cracks in a sidewalk
Proving Liability in Fort Lauderdale Slip and Fall Accidents
In order to prove that a property owner was liable for your injuries, you must show that they knew or reasonably should have known that a hazard was present, and they didn’t do anything to rectify the situation. For instance, if there has been a spill on the ground of a supermarket for a while, and it hasn’t been cleaned up or a sign hasn’t been put in place to warn customers of the danger, then they may be held liable for your injuries.
In addition, you must also show that you suffered injuries directly because of the slip and fall accident. Finally, you must show that you have real, compensable damages because of the incident. This may include medical bills, lost wages and more.
When you hire a Fort Lauderdale slip and fall lawyer, they will determine what type of visitor to the property you were. The type of visitor you were determines how much protection you are granted under Florida law. There are three general types of visitors: trespassers, licensees and invitees.
Trespassers are on the property illegally and have the least protection. Licensees are allowed to be on the property but aren’t there for the financial gain of the property owner. Finally, invitees are those who come to a property for the financial gain of the owner and are granted the most protection.
Florida Laws that Apply to Fort Lauderdale Slip and Fall Cases
There are a few different Florida state laws that pertain to slip and fall cases. The most important is Florida Statute 768.0755, which specifically discusses slip and falls that happen on a business property:
- If a person slips and falls on a
transitory foreign substance in a business establishment, the injured
person must prove that the business establishment had actual or
constructive knowledge of the dangerous condition and should have taken
action to remedy it. Constructive knowledge may be proven by
circumstantial evidence showing that:
- The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
- The condition occurred with regularity and was therefore foreseeable.
In addition, there are laws that apply to every type of personal injury. These include:
- 95.11(3)(a): You have four years to file a personal injury lawsuit
- 768.81: You can still file a lawsuit, even if you’re partially at fault for the injury
What to Do After a Slip and Fall Accident in Fort Lauderdale
After a slip and fall accident, you should speak with an experienced Fort Lauderdale personal injury attorney as soon as possible. During your free consultation, your lawyer will evaluate the details of your injury and help you determine whether or not you have a case to get the compensation you deserve.
You should also seek medical attention immediately after the incident. When you get doctor’s orders either from your personal doctor or from the doctors in the emergency room, be sure to follow them! Not following your doctor’s orders can not only hinder your ability to heal properly but can also be detrimental to your personal injury case.Finally, be sure to keep the details of your case to yourself. Any post about your case online on any social media platform can be used against you in court. Further, even if you talk casually about your case with a friend can be detrimental. After all, if that friend is called as a witness, they will be compelled to testify what you discussed. Your best bet is to keep your case to yourself until it is settled or a verdict has been reached.
RELENTLESS LEGAL REPRESENTATION FOR FORT LAUDERDALE INJURY VICTIMS
A personal injury can occur in a variety of ways, but almost all have the same results in common. Suddenly, your life is disrupted and possibly jeopardized physically, emotionally, and financially by an accident or incident which could have been prevented.
Recent Case Results
In each of these examples, there are dangerous conditions that cause or contribute to causing a fall. Property owners are generally expected to either correct dangerous conditions on their premises or to warn visitors of those conditions. While owners of commercial properties such as stores and restaurants have a broader obligation to patrons and must inspect their premises regularly for dangers, even homeowners have a duty to visitors they invite over to correct or warn about hazards that they are aware of or should know about. If the property owner breached his duty and failed to live up to his obligation, an accident lawyer can help injured victims take legal action.
Types of Injuries You May Sustain
Many different kinds of injuries can happen when someone trips and falls down. For example, some of the top injuries include:
- Bone fractures. The CDC reports that a third of adults aged 65 and up suffered a bone fracture due to a fall. Hip fractures are very common and especially dangerous for older people.
- Spinal injury. The National Floor Safety Institute estimates that falls are the second most common cause of spinal injuries among seniors ages 65 and up.
- Death. For seniors’ ages 65 and older, falls are the leading cause of injury-related death according to the CDC.
When these or other injuries occur, the property owner or renter who failed to fulfill the obligation to maintain the property can be required to compensate injured victims or their loved ones for all losses caused by the fall.
Taking Action with the Help of a Fort Lauderdale Slip and Fall Attorney
If you or a loved one has been hurt in a fall accident, you should be compensated for medical bills; lost wages; pain and suffering; and/or wrongful death losses. You can receive monetary damages to cover losses through an out-of-court settlement or by filing a personal injury claim and going to court.
At Steinger, Greene & Feiner, our Fort Lauderdale slip and fall attorneys have helped victims to pursue claims for compensation against individuals, stores, restaurants and even government entities. We can put our legal experience to work on your case with the goal of helping you to maximize your compensation, and we won’t charge legal fees unless we’re successful at getting you paid for damages.
Our legal team knows court deadlines, can help you to find experts, and can assist in many important ways in fighting for the compensation you need to move on and recover. When you’re ready for a dedicated injury lawyer to start fighting for you after a fall, give us a call or contact us online today and schedule a free consultation to learn how we can help you.
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PROVEN PERSONAL INJURY LAWYERS
A fair settlement is not what you can expect to receive from the insurance company. Their goal is to reduce payouts on claims so they can remain highly profitable.
Our proven and committed legal team understands the tactics these companies regularly use to pay claimants as little as possible. We routinely battle their schemes in and out of court, and have developed effective methods for doing so.
With a legal team of more than 30 lawyers and more than 140 staff, including investigators and other assistants, we have the resources needed to get the job done efficiently.
With our No-Fee Guarantee, you can bring your personal injury case to us with confidence, knowing you will pay nothing until we recover the compensation you deserve. Throughout the entire case, we will be by your side, providing the guidance you need.