Trip and Fall Accident Attorneys In Florida
Parker Waichman LLP is a personal injury law firm with headquarters in Florida. We have decades of experience successfully representing clients in personal injury lawsuits, including trip and fall cases. The firm offers free, no-obligation legal consultations. Our attorneys work on a contingency fee, meaning you only pay lawyers’ fees if we win your case.
In Florida, trip and fall accidents are the leading cause of injury-related death among older adults. Injured trip and fall victims can obtain compensation if they were hurt due to negligence. Trip and fall injuries can be serious, and sometimes fatal. Damages from a lawsuit can cover medical expenses, lost wages, and pain and suffering.
What is Premises Liability?
Trip and fall accidents fall under premises liability, which holds property owners liable for injuries due to negligence. This means the owner knew or should have known about an unsafe condition, such as a slippery floor or uneven sidewalk, but failed to address it within a reasonable timeframe.
Premises liability is not limited to trip and fall or trip and fall injuries; it includes any unsafe condition that can cause injury, such as a broken security fence.
Examples of unsafe conditions causing a trip and fall accident include:
- Slippery floors
- Uneven sidewalks, broken cement
- Snow and ice, such as “black ice”
- Stairway hazards such as a broken handrail
- Objects on the floor
- Unsecured carpet
- Cluttered hallways or aisles
Trip and fall accidents can occur anywhere; these injuries could lead to a lawsuit if they were caused due to negligence. A trip and fall injury can occur on private property, such as a house or apartment building, as well as commercial property such as a supermarket or restaurant. Injured plaintiffs may have tripped due to unsafe conditions in an office building or at a public park.
Trip, Trip and Fall Injuries
Injuries from falling can be serious, leading to substantial medical costs. You may need to miss time off from work, or cannot return to work at all. Injuries from falling can even be fatal, especially in older adults.
Examples of trip and fall injuries may include:
- Broken bones such as a broken arm or hip fractures
- Back and spinal cord injuries
- Cuts and bruises
- Internal injuries such as bleeding
- Traumatic brain injuries (TBI)
Suing for a Trip and Fall Injury
Not all trip and fall injuries warrant a lawsuit. Your case must meet certain criteria to be legitimate in a trip and fall lawsuit. For example, you must show that you were on the defendant’s property legally. Perhaps you were invited into their home or you were hired to do work on the property. In most cases, trespassers cannot sue for trip and fall injuries.
The main criteria in a trip and fall case is negligence. When a property owner is negligent in a trip and fall accident, it means they knew or should have known about a tripping hazard and had a reasonable amount of time to correct it, but did not. The plaintiff therefore shows that the defendant breached their duty of care by being careless about an unsafe condition.
Furthermore, the plaintiff must show that this unsafe condition directly caused their injury. The owner may have an unsafe condition on the property, but you can only sue if that condition caused harm. The plaintiff must also demonstrate that the injury resulted in actual damages, such as medical bills.
There are some cases in which a trespasser can still file a trip and fall lawsuit. If the owner is aware of the trespasser but does not do anything about it, he or she could face liability in a trip and fall case. Additionally, the owner may be liable when children trespass due to an attractive nuisance on the property, such as an unfenced pool. A personal injury case may be filed even if the owner did not know about the trespassing child.
What if your trip and fall injury occurred on government property, such as a public park or the post office? Premises liability claims can be filed against the government, but only under certain conditions. For more information, contact one of our experienced Florida trip and fall attorneys.
In Florida, Falls are Leading Cause of Injury Death in Older Adults
Older adults are particularly susceptible to trip and fall injuries. In fact, the Florida Department of Health states that unintentional falls are the leading cause of injury death in Florida residents aged 65 years and older.
Unintentional falls are the fourth-leading cause of injury death in the state overall. Falls are also the top cause of hospital admissions for non-fatal injuries. According to the Florida Department of Health, 2,475 Florida residents died due to fall injuries in 2012 and 65,542 were hospitalized for injuries.
What to do After a Trip and Fall
The most important thing to do is get medical attention for your injuries first. Even if you feel like your injuries are not serious, you should consider getting a full medical exam. Remember, not all injuries appear right away. When you see your doctor, describe the details of your accident and your symptoms. Follow any instructions given by your physician. Remember that medical records provide proof of your injury.
Documenting the scene of a trip and fall accident is also very important. Take photos of the tripping hazard if you can; ask someone else to do it if you cannot. These pictures help prove that the property was unsafe. You should also take pictures of your injuries.
Obtain contact information from any eyewitnesses. Do not wash any clothes or shoes you were wearing at the time of the accident, as they may contain evidence. You only have a limited amount of time to sue, so contact a personal injury attorney immediately.
Filing a Florida Trip and
If you or someone you know is interested in filing a Florida trip and fall lawsuit, contact one of our Florida accident attorneys today. Parker Waichman offers free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).
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