What To Do if You Fall on Someone’s Property

If you fall on someone else’s property in Tampa, you may not be responsible for paying for your resulting medical bills. Who pays for your expenses after an injury depends on who is liable for the slip-and-fall accident. But if you don’t take the right actions, you could end up being financially on the hook for costs that aren’t yours to shoulder.

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Steps To Take Immediately After Falling on Someone’s Property

The actions you take immediately after a fall can significantly impact whether you receive compensation from another party — and how much money you receive. After suffering an injury in a fall, make sure to take the following steps:

Document Your Slip-and-Fall Injury and the Accident Scene

Document the injury and as much of the accident scene as possible as soon as possible after sustaining it. Since most people have smartphones with cameras, this is relatively easy to do. 

Take pictures of any external injuries and of anything that could be important for determining fault in the accident scene. If you aren’t sure whether something could be important, go ahead and take a picture of it to be safe.

Seek Medical Attention

No matter how minor you think your injuries might be, it’s essential to seek medical attention. Some slip-and-fall injuries can be almost impossible to identify for anyone but a medical professional. Furthermore, you may not get the compensation you deserve if you don’t start documenting your injuries immediately.

Contact a Tampa Personal Injury Attorney

Florida slip-and-fall laws are complicated. Rather than trying to understand them yourself, it is better to let a Tampa slip-and-fall lawyer decipher them for you. Additionally, your Tampa slip-and-fall attorney can act as your advocate throughout the claims process.

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Report the Fall to the Property Owner or Manager

Only report the fall to an owner or manager after you have contacted a Tampa lawyer. Typically, it is better to let your lawyer have the conversation for you. While it is important to report the accident so that the owner or manager can respond appropriately, you want to make sure you do so in a way that protects your rights.

Avoid Discussing the Accident on Social Media

Anything you post on social media can potentially be used as evidence by an insurance company to deny your claim. Avoid discussing your case on social media in any way until you have received compensation.

How To Prove the Property Owner Is Liable for the Fall

The liable party in a slip-and-fall accident is typically the negligent party. Someone is negligent when they fall short of a duty of care due to carelessness, recklessness, or intentional action. You need evidence of negligence to prove that the property owner was liable.

Evidence Needed To Support a Slip-and-Fall Claim

Are slip-and-fall cases difficult to win? Generally, it depends on how much evidence you have. You need evidence that proves the following four elements of negligence to have any chance of winning your case:

• Duty of care
• Violation of that duty
• The link between that violation and your injuries
• Financial costs resulting from your injuries

Unless you were trespassing, property owners are usually required to ensure the safety of guests. Thus, duty of care may be easily accounted for by law. Medical bills can serve as evidence of the financial costs of your injuries.

However, the duty violation and the link between that violation and your injuries may require investigation. But the more evidence you can produce, the more compensation you will likely receive.

While investigating, your lawyer might consider how to fight against the following defenses that property owners often make in slip-and-fall cases:

• The hazard that caused the injury was obvious and avoidable
• You willingly put yourself in danger
• You were more at fault than any other party for your injury
• Reasonable steps were taken to protect visitors to the property

An experienced attorney can collect evidence that counters any of these claims before the property owner can make them.

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Available Compensation After a Fall on Someone Else’s Property

There are several types of compensation you can seek after falling on someone else’s property. This compensation can cover:

• Medical bills
• Lost wages
• Other expenses resulting from the injury, like purchasing medical equipment
• Pain and suffering

Your lawyer can help you determine all of the compensation you can seek.

Time Limit for Filing a Tampa Slip-and-Fall Accident Claim

All personal injury cases in Florida fall under a statute of limitations. You only have two years to file a lawsuit. However, your insurance company may have a shorter time limit for filing a claim. Consulting with a lawyer as soon as possible can help you avoid missing any deadlines.

Do I Need a Premises Liability Lawyer for a Slip-and-Fall Case?

You are not required by law to have a premises liability lawyer represent you in a slip-and-fall case. However, if you do not have a Tampa attorney, there is a good chance your claim will be denied, or you will receive less compensation than the law allows.

Insurance companies make money when they deny or underpay claims, and most claimants don’t understand their rights. This means you are at a notable disadvantage when you file a claim.

Furthermore, if you are injured at a business, the property manager will likely try to get you to sign paperwork that limits the liability of the property owner. You should never sign any paperwork unless a lawyer advises you to — and an attorney can only advise you if you hire one.

Can I Still File a Claim if I Was Partially at Fault for the Fall?

Florida comparative fault laws allow you to pursue a lawsuit against another party in a personal injury case, even if you were partially responsible for your injuries. As long as you are less than 51% responsible, you can receive compensation at the end of a jury trial.

However, this compensation will be reduced by a percentage equal to the percentage you are responsible for. While this law doesn’t apply to settlements, insurance companies know it exists and modify settlement offers similarly.

How Much Is a Slip-and-Fall Case Worth?

Every slip-and-fall case is worth a different amount of money because every case is different. If you fall down a set of stairs and only suffer a few bruises, you might get $1,000 or less in compensation. 

Conversely, if someone else falls down the same stairs and breaks several bones, they could get at least $10,000 to cover all medical expenses, lost wages, and additional costs involved.

It is almost impossible to determine an average value for a slip-and-fall claim. The value of your case will primarily be determined by how seriously you were hurt. This is why it is so important to get medical attention right away. The sooner a doctor starts documenting your injuries, the more evidence you will have of the value of your claim.

How Long a Case May Take To Settle

Do slip-and-fall settlements take a lot of time? If you are not seriously hurt, your case may not take long to settle. In simple cases, insurance companies can gather evidence quickly and pay you within a few weeks. It is typically worth it to businesses to make these claims disappear quickly.

More complicated cases, though, could take months or even years to settle. Generally, you don’t want to entertain a settlement offer until you fully recover from your injuries. This means you may wait months before acting, though never more than two years, due to the statute of limitations.

Your Rights if You Fall on Government Property

Injuries on government property can be more complicated to deal with. First, you have to provide written notice of your intent to sue, and then you can file a lawsuit. However, no matter how seriously you were injured, you are restricted to getting up to $200,000 from a claim against the government.

Keep in mind that the statute of limitations is increased to three years in these cases.

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Contact Jack Bernstein, Injury Attorneys, After a Tampa Slip-and-Fall Accident

Your future depends on the actions you take after falling on someone’s property. Let an experienced legal team protect your rights and fight for every dollar you’re owed.

Sources:

Chapter 768.81.

Chapter 95.11.

2023 Florida Statutes (including 2023C).