Tampa Slip-And-Fall Lawyer

Why Choose Jack Bernstein, Injury Attorneys, for Your Tampa Slip-And-Fall Case?

Our personal injury law firm was founded in 1983. We have 40+ years of experience helping clients in Tampa and beyond receive maximum compensation. Some of our slip-and-fall wins include a $1,750,000 settlement for an accident that resulted in a burn injury and reflex sympathetic dystrophy (RSD), and a $625,000 settlement for a neck injury.

Furthermore, we have a local Tampa presence and knowledge of Florida law. We will ensure you are adequately informed about your case and relevant laws. Our legal team of experienced attorneys will keep you updated throughout your case.

Our staff consists of 40 people: 6 lawyers and 34 support personnel, all working together to help clients get the results they deserve. 

Jack G. Bernstein is passionate about having a team dedicated to clients’ needs. He practices in the courts of Florida, at both the state and federal levels, and is a member of the Florida State Bar Association, the Hillsborough Bar Association, and the Clearwater Bar Association.

Our law firm has a contingency fee structure, which is a payment plan that allows us to expand access to justice.

Slip-And-Fall Accidents in Tampa

A slip-and-fall accident is when someone loses their balance and falls on someone else’s property due to a hazardous condition, sustaining an injury. Florida premises liability law requires a person who owns or controls a property to keep it reasonably safe, and provide warnings of dangers that are not open and obvious. 

Unfortunately, slip-and-fall accidents are not uncommon. According to the Centers for Disease Control and Prevention (CDC), about three million emergency department visits each year and 800,000 hospitalizations are slip-and-fall cases. In 2024, 233 older adults per 100,000 population died from unintentional falls in Hillsborough County. 

Tampa has certain dangerous conditions that increase the risks of falls among people of all ages. This includes heavy rains, which result in wet and slippery sidewalks and parking lots, and the city’s dense population that leads to high foot traffic in public areas, increasing the risk of spills, dropped items, and wear and tear on flooring.

Property owners who fail to properly maintain their properties endanger others. A slip-and-fall accident victim can seek compensation from a negligent property owner.

Common Causes of Slip-And-Fall Accidents in Tampa

These are the most common causes of slip-and-fall accidents:

• Wet floors and liquid spills: Different factors lead to wet floors and liquid spills, including plumbing issues, appliance malfunctions, roof leaks, and rainwater tracked in from shoes. One is more likely to slip and fall on a wet floor because the traction between their shoes and the floor will be reduced.
• Inadequate lighting: Poor lighting in hallways, stairwells, and parking lots prevents people from seeing trip hazards.
• Uneven surfaces and broken pavement: Cracked sidewalks, potholes, and damaged flooring can easily cause trips.
• Debris and obstacles in walkways: Clutter obstructs normal walking, increasing the likelihood of losing balance.
• Poor weather conditions and tracking water: Adverse weather conditions (rain, snow, and ice) and tracking water make surfaces slippery.
• Broken or missing handrails: People rely on handrails to maintain balance, especially when they trip. If handrails are absent, someone can get seriously injured.
• Unmarked steps and elevation changes: When someone unexpectedly encounters a change in the walking surface, they can lose their footing.

Cases of slip-and-fall accidents in Tampa are commonly reported. For example, a woman recently fell in a Walmart aisle that contained an accumulation of lotion on the floor. A customer also fell on sandy debris in a Tampa Lowe’s store in 2015, suffering serious knee and shoulder injuries.

Types of Slip-And-Fall Injuries We Handle

We help people who have sustained various types of common injuries in slip-and-fall accidents, including:

• Broken bones and fractures
• Head injuries and traumatic brain injuries
• Spinal cord injuries
• Soft tissue injuries
• Hip fractures (especially for older adults)
• Back and neck injuries

CDC stated that about 20% of falls cause serious injury, such as broken bones and head injuries. If you are involved in a slip-and-fall accident, it’s critical to seek immediate medical treatment, even if you don’t have obvious symptoms of an injury. A physician should examine you to provide early diagnosis and treatment.

Florida Slip-And-Fall Laws You Need To Know

Under Florida law, property owners must keep their properties in a reasonably safe condition. However, a property owner’s duty of care varies based on the status of a visitor. A visitor can be an invitee, licensee, or trespasser. 

An invitee is someone who enters a property for the owner’s business or for public purposes, such as a customer in a grocery store or a guest at a public park. A licensee enters a property by invitation, but for their own purposes, like a salesperson. A trespasser is a person on a property without permission. 

Generally, property owners do not owe trespassers a duty of care. Nonetheless, they should refrain from wanton negligence or willful misconduct that would injure a trespasser or expose them to danger.

Florida slip-and-fall laws place the burden of proof on injured victims. If you slip-and-fall in a business establishment, you must show that the establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.

Actual knowledge/notice means a property owner was directly aware of the hazard. Constructive notice means the hazard had existed long enough that the owner should have discovered it through reasonable care and inspection, even if they did not have direct knowledge of it.

Florida’s comparative negligence law applies to premises liability cases. When determining liability in slip-and-fall accidents, the percentage of fault is considered. You must be less than 50% at fault to recover damages. Your compensation will be reduced by your degree of fault.

Note that the statute of limitations for a slip-and-fall case is two years, a law that has been effective since March 2023. Thus, you should take the appropriate steps as soon as possible.

Proving Negligence in Tampa Slip-And-Fall Cases

The elements of negligence in a premises liability case that you must prove are:

1. Duty of care: You need to show that the property owner owed you a duty of care. Your status on the property will determine this. Were you there as an invitee, licensee, or trespasser?
2. Breach of that duty: If the property owner failed to maintain a reasonably safe environment, they can be considered to have breached their duty of care. For instance, if they fail to clean spills immediately or install adequate lighting in the parking lot.
3. Causation linking breach to injury: Show that the property owner’s breach of their duty of care caused the slip-and-fall accident. There has to be a clear link between the hazardous condition in question and the accident.
4. Actual damages: Prove that as a result of the accident and your injuries, you incurred damages, such as medical bills, lost wages, and property damage.

To prove negligence in a slip-and-fall case, you need solid evidence. Therefore, gathering evidence is a crucial step in this legal process. Take photos and videos immediately after the slip-and-fall accident to show the hazardous condition. 

Furthermore, you should collect contact information and brief statements from witnesses. Witness statements provide independent evidence that validates your version of events, strengthening your claim. You should also report the incident to the property owner so they can create an official record. Ensure you get a copy of the accident report.

Jack Bernstein’s team thoroughly investigates cases. In addition to the evidence you gather at the scene, we will help you obtain surveillance footage, which provides objective evidence. We will also gather medical records, maintenance records of the property, and opinions from experts like engineers, building code specialists, accident reconstructionists, and medical professionals.

What Compensation Can You Recover?

When you file a slip-and-fall accident claim, you can recover compensation for the damages you suffer, including:

• Medical bills and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Rehabilitation costs

Typically, the average settlement in slip-and-fall cases is $15,000 to $50,000, but it can be higher. If you sustain a severe injury, you should seek higher compensation.

Besides the severity of injuries, other factors that affect a slip-and-fall case’s worth include total financial losses, non-economic damages incurred, the strength of evidence, percentage of fault, and insurance policy limits. 

Our Tampa slip-and-fall lawyers are skilled in helping clients receive fair compensation. We will help you build a strong case to maximize compensation.

How Jack Bernstein, Injury Attorneys, Can Help Your Tampa Slip-And-Fall Case

Jack Bernstein, Injury Attorneys, offers a free case evaluation and consultation. This helps an injured victim understand their legal options without financial risk. It also allows us to assess a case to determine the best way forward. 

Our Tampa slip-and-fall lawyers conduct thorough investigations and evidence gathering. When you receive legal assistance from our firm, we will get adequate information about the accident you were involved in to help you know the best angle to approach the case from to protect your rights.

Another way our firm can help your case is by dealing with insurance companies. We handle communications and complex negotiations, while our clients focus on healing. Our lawyers also negotiate fair settlements for clients. When we can’t reach a fair settlement, we represent accident victims in court.

Our legal services also include medical treatment coordination. We can help you access doctors and specialists in Tampa to receive the treatment you need. In addition, we will ensure consistent documentation, as gaps in your medical records can be used by insurance companies to dispute the severity of your injuries. We will communicate with your doctors to gather enough information.

When we offer you legal help, we will manage your case throughout the process, saving you from the stress of complex procedures. Our law firm values personal attention and a client-first approach, so clients can feel supported during such a difficult time.

Our Notable Slip-And-Fall Results

Our results show our commitment to getting maximum compensation for clients. Examples of our notable slip-and-fall settlements are:

We analyze cases in-depth to get clients fair settlements and work with other professionals to achieve appropriate financial recovery.

What To Do After a Slip-And-Fall Accident in Tampa

Do you know what to do after a slip-and-fall accident in Tampa?

Here are the steps to follow:

1. Seek immediate medical attention: If your injuries are so severe, call emergency services to get immediate medical treatment. Stay put until help arrives. While waiting, ask a witness to help you with gathering evidence. If you can safely move around, begin collecting evidence and go to the hospital immediately after leaving the scene.
2. Report the incident to the property owner/manager: Before leaving, report the incident to the property owner or manager. Request that they draft a written accident report and give you a copy.
3. Document the scene with photos: Take photos and videos of the slip-and-fall accident scene, documenting the hazard. You should also take photos of your injuries.
4. Gather witness information: Collect the names and contact information of witnesses.
5. Keep all clothing and shoes from the incident: Do not wear or wash them before the case is closed. They may contain crucial pieces of evidence that can support your claims, such as residue of water and grease. Take photos of your clothes and shoes before storing them safely.
6. Avoid giving recorded statements to insurance: Anything you say in a recorded statement can be used against you, so, avoid doing so.
7. Contact a lawyer: Contact an experienced Tampa slip-and-fall lawyer to understand your legal rights and options.

You also need to be aware of the time-sensitive nature of evidence preservation in slip-and-fall cases. Things can change quickly. A property owner can quickly clean a spill, place a warning sign, repair a broken step, or install new lighting. Thus, it’s critical to document the hazard at the time of the accident.

Common Locations for Tampa Slip-And-Fall Accidents

Some common locations where slip-and-fall accidents are reported in the Tampa Bay area are:

If you sustain an injury on someone else’s property in any of these situations and more, you should work with a Tampa personal injury lawyer. Our slip-and-fall attorneys will help you get fair compensation.

The Legal Process for Tampa Slip-And-Fall Claims

Now, let’s talk about how to file a slip-and-fall case in Tampa. The typical process for Tampa slip-and-fall personal injury claims follows these steps:

1. Initial consultation and case evaluation: This first step helps determine the validity of your claim. It also helps you understand your case and options. Our law firm offers free consultations to help injured victims easily access the information they need.
2. Investigation and evidence gathering: When you receive legal assistance from us, this stage will generally involve assessing the evidence you gathered at the scene, collecting more evidence, interviewing witnesses, and hiring experts.  
3. Medical evaluation and treatment: Our law firm helps injured victims access the medical attention they need and the documentation required to prove damages.
4. Demand letter to the insurance company: Once we have gathered enough information, we draft a demand letter detailing the incident, the damages incurred, and what our client is seeking, and send it to the at-fault party’s insurance company.
5. Negotiation phase: After the insurance company reviews the demand letter, it can accept the demand, deny the claim, or issue a counteroffer. The latter option initiates the negotiation phase. 
6. Filing a lawsuit, if necessary: If the insurer denies the claim or refuses to offer a fair settlement, your lawyer can file a lawsuit to seek compensation in court.
7. Discovery process: This is a pre-trial process that involves both parties exchanging evidence and information.
8. Mediation or trial: Based on the evidence revealed during the discovery phase, the insurer can initiate settlement discussions through mediation. If the parties can’t still settle, the case moves to trial.

Our Tampa slip-and-fall law firm has a contingency fee structure. You won’t pay fees throughout this process. There are no fees unless we win.

Tampa Bay Area Slip-And-Fall Statistics and Trends

The Tampa Bay area reports many slip-and-fall accidents. Florida is among the states with the highest fall-related deaths. This is because of the state’s large older adult population, unique climate (frequent rains that consistently cause wet and slippery surfaces), and tourism, which causes high foot traffic in public areas.

As aforementioned, the CDC stated that 20% of falls result in serious injury. Thus, Florida fall accident victims are at high risk of sustaining severe injuries. Over 1,800 Hillsborough County residents died from falls recently, which is concerning.

With more than one million annual ER visits reported nationally for fall injuries, it’s vital to be adequately informed. Working with a Tampa personal injury attorney is integral to helping you hold a negligent party responsible.

FAQs

Why Time Matters: Florida’s Statute of Limitations

In March 2023, Florida’s personal injury statute of limitations changed. The deadline for filing a premises liability case was changed from four years to two years. Therefore, you have two years from the date of a slip-and-fall accident to file a claim against a property owner. 

You should contact an attorney as soon as possible to initiate the legal process and, in turn, avoid delays that may jeopardize your eligibility for seeking compensation.

Florida law has some exceptions to the two-year deadline. The exceptions include:

• Minor status: The clock does not begin until an injured minor turns 18.
• Mental incapacity: The clock is paused until a plaintiff’s mental capacity is restored.
• Fraud: If the at-fault party fraudulently concealed facts that could help the injured party discover their injury, the statute of limitations can be extended by two years.
• Defendant’s absence: If the defendant concealed their whereabouts  to evade legal action, the clock will not start until they are located.

While waiting for your case, you need to preserve evidence. You want to have evidence that supports your claims throughout the case.

Working With Insurance Companies in Slip-And-Fall Cases

Some insurance companies use tricks to minimize payouts. 

These include:

• Offering quick, low settlements early on, before an injured party can fully understand the impact of their injuries.
• Delaying settling a case by ignoring calls and requesting unnecessary documentation to  pressure an injured victim to settle for a lower settlement.
• Minimizing injuries, claiming they are minor or are not related to the accident, especially when medical treatment was delayed.
• Disputing liability by arguing their policyholder was not negligent or that the injured party’s actions also contributed to the accident, reducing their percentage of fault.

Personal injury attorneys know the tactics insurance companies always use and understand how to weaken those tricks. Jack Bernstein’s lawyers are experienced in dealing with insurers. We represent accident victims competently, allowing them to receive fair compensation.

Other Personal Injury Cases We Handle in Tampa

Our Tampa personal injury lawyers also handle cases involving:

• Car accidents and other auto accidents
• Truck accidents
• Motorcycle accidents
• Medical malpractice
• Wrongful death
• Premises liability (beyond slips and falls)
• Nursing home abuse
• Brain injuries

Get reliable legal help from us if you have a case in any of these areas.

Serving the Tampa Area

If you sustain an injury in the Tampa Bay area, we will help you file a claim. 

Besides Tampa, our Florida attorneys offer legal help to residents of other areas in Hillsborough County. Other locations we serve are St. Petersburg, Clearwater, Sarasota, Venice, Englewood, Palm Harbor, and Bradenton.

Client Testimonials and Reviews

Below are some of the testimonials and reviews we have received from clients.

“One of the best firms that I have ever worked with! Extremely nice staff! They work with you and they are on your side through the whole process! They truly make sure that you get what belongs to you!”

“Although the issue was life changing. To have an experienced law firm as Jack Bernstein’s, that fights and pursues with passion. Only reassures that the entire team has my best interest in front and Jack has my back. Thanks, Blake & Michelle Thomas for your care.”

“I can’t say enough good things about the Jack Berinstein Law Firm! My attorneys Jack, Brian, and Marc were absolutely amazing from start to finish, and Lizzie, the paralegal, was such a pleasure to work with. It was a long journey, but they were incredibly patient, understanding, and always took the time to explain things to me. I truly felt supported every step of the way. They fought for me, kept me informed, and made a stressful process so much easier. I would highly recommend them to anyone who needs a dedicated, professional, and compassionate legal team.”

Contact Our Tampa Slip-And-Fall Lawyers Today

If you are involved in a slip-and-fall accident in Tampa, you can seek compensation from the property owner who acted negligently. Call our Tampa slip-and-fall attorneys for a free consultation to understand your legal rights and fight for what you deserve. You will not pay upfront costs. There are no fees unless we win.