Brandon Slip And Fall Lawyer

Brandon Slip And Fall Lawyer

After being injured in a slip-and-fall accident, it is vital to ensure you receive the compensation you deserve. Most businesses want to settle these cases quickly for the least amount possible. One popular grocery store company in Florida is notorious for compensating slip-and-fall victims with gift cards. You should never accept a settlement offer without first consulting a Brandon slip-and-fall lawyer from Jack Bernstein, Injury Attorneys. Our law firm is local and has the expertise to handle slip-and-fall cases in Brandon to ensure successful settlements for our clients. 

Get a free consultation today with a Brandon slip-and-fall lawyer.

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Understanding Slip And Fall Premises Liability in Florida

Property owners are legally responsible for maintaining reasonably safe premises at all times. Part of their duty of care under premises liability law in Florida is to warn guests when there are potentially hazardous or dangerous situations. For example, placing wet floor signage in areas with slippery and wet floors. 

Florida Statute 768.0755 covers slip-and-fall law in the state. For victims of slip-and-fall accidents, the burden of proof is on you. You must provide sufficient evidence to show the property owner knew about, or should have known about, the hazard or dangerous situation that resulted in your injuries. 

In Florida, there are three different categories of people who could be on an owner’s property:

• Invitee: These are people invited by the owner, or there is an implied invitation, like visiting a store to make a purchase. Property owners have the highest duty of care for invitees. 
• Licensee: People who are licensees are not invited nor is there an implied invitation, yet they are not considered trespassers. For example, you stop at a gas station to use the bathroom, with no intention of making a purchase. 

Trespasser: Trespassers have the lowest duty of care because the property owner did not invite them. However, trespassing laws do not extend to minors, but fall under attractive nuisance laws.

Common Causes of Slip And Fall Accidents in Brandon

There can be several different causes for slip-and-fall accidents in Brandon, including:

Unsafe Walking Surfaces

Unsafe walking surfaces are commonly found in grocery stores, restaurants, hotels, and shopping malls, and include: 

• Wet floors
• Spilled liquids
• Broken sidewalks
• Uneven pavement

Poor Lighting and Visibility

Low light levels at night, or lack of lighting, reduces visibility and creates a dangerous situation where slip-and-fall accidents could occur, such as: 

• Dimly lit stairwells
• Insufficient lighting in parking lots
• Poor lighting in hallways

Lack of Safety Features

A lack of safety features increases the risk of slip-and-fall accidents, including: 

• Missing or broken hand railings
• Missing or broken guardrails
• Lack of non-slip surfaces

Negligent Maintenance and Failure To Warn

When property owners fail to maintain their property correctly, it could lead to hazardous situations, resulting in slip-and-fall accidents because they did not: 

• Post warning signs
• Block off hazardous locations
• Label hazardous materials
• Clean up spills when they occur

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Common Injuries in Slip And Fall Accidents

The extent of injuries in slip-and-fall accidents depends on the severity of the impact. Some common injuries include:

• Knee injuries
• Broken and fractured bones
• Sprains, strains, and ligament damage
• Back injuries
• Spinal cord injuries
• Head injuries
• Traumatic brain injuries (TBIs)
• Neck injuries
• Dislocated shoulders
• Hip fractures
• Nerve damage
• Facial trauma
• Dislocated joints

Who Can Be Held Liable for a Slip and Fall in Brandon, FL?

Several different parties could potentially be held liable for a slip-and-fall accident in Brandon, FL, including:

• Business and property owners: Restaurants, retail stores, landlords, hotels, resorts, stadiums, movie theaters, and other commercial operations could be liable if they failed to provide a duty of care.
• Government and municipal entities: Public schools, sidewalks, parks, and government buildings could be liable if they fail to provide sufficient warning about potential dangers.
• Rental properties: Apartments, condos, and Airbnb property owners must maintain reasonably safe conditions to prevent being liable for slip-and-fall accidents.
• Private homeowners: Homeowners could be liable for slip-and-fall injuries when they do not provide sufficient warnings about potential hazards.  
• Third parties: Construction companies, cleaning crews, and other third parties could be liable when they create a dangerous situation and fail to provide sufficient warning.

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How To Prove Negligence in a Slip And Fall Case

Proving negligence requires that you show that the property owner owed you a duty of care, and failed to provide it by establishing the following four elements:

• Duty of care: The property owner has a legal obligation to ensure their premises are kept reasonably safe, and provide sufficient warnings of any potential hazards. 
• Breach of duty: The property owner failed to provide a duty of care by not ensuring their premises were kept reasonably safe, or that there were sufficient warnings in place.
• Causation: The owner’s breach of their duty of care resulted in you slipping, falling, and being injured. 
• Damages: You experienced actual injuries and losses that resulted in medical bills, lost wages from work, and pain and suffering. 

It is vital to gather evidence to prove each of these four elements, including:

• Medical bills
• Pictures and videos of where you were injured, showing the hazard 
• Accident injury report or police report 
• Surveillance footage from security cameras
• Witness statements
• Medical records documenting your injuries

Compensation You Can Recover in a Slip And Fall Case

You could be entitled to recover different types of monetary compensation after being injured in a slip-and-fall accident in Brandon.

Economic Damages

Economic damages are considered tangible financial losses you experience as a result of the accident and your injuries, which could include:

• Medical bills
• Ongoing medical treatment
• Rehabilitative costs
• Present and future lost wages
• Loss of earning capacity
• Property damage

Non-Economic Damages

Non-economic damages are intangible losses that do not have an actual dollar amount associated with them, such as:

• Pain and suffering
• Emotional distress
• Loss of consortium/companionship
• Loss of quality of life
• Disfigurement

Punitive Damages

Punitive damages are monetary compensation awarded in rare cases and situations. They are meant to punish someone whose behavior is considered extremely egregious, malicious, intentional, or reckless. They serve as a deterrent to prevent others from behaving in a similar manner. 

Don’t face your slip-and-fall claim alone. Get expert legal help now. Call us for immediate assistance.

Steps To Take After a Slip And Fall Accident in Brandon, Florida

In order to protect your legal rights after a slip-and-fall accident in Brandon, Florida, you should do the following:

• Seek immediate medical care: It is vital that your injuries be treated as soon as possible, even when they seem minor. Some injuries may not present for several days after the accident. Delaying treatment could result in the defendant claiming they occurred elsewhere. 
• Report the accident: You should notify the property owner, store manager, landlord, or other responsible party of the accident, and request that an accident report be opened. If they refuse to do so, you can contact your local law enforcement agency and file a police report. 
• Do not admit fault: Some property owners or their agents will attempt to downplay the seriousness of your injuries and want you to admit you were at fault, either partially or fully. When filling out an accident report, stick to the facts and never admit you were at fault. 
• Document everything: Take pictures and videos of where the accident occurred and your injuries. Obtain contact details for any witnesses who could provide a statement later. Keep records of any medical bills, lost wages, and other losses. 
• Do not speak to insurance adjusters directly: The property owner’s insurance company will want to settle the case quickly and for the least amount possible. While they can seem like they are concerned about your well-being, it is important to remember adjusters work for the insurance company. 
• Be aware of tactics adjusters use: Adjusters can ask leading questions and use tactics where you admit fault. The statements you make to the adjuster can be used against you later. Instead, if an adjuster contacts you, tell them you are consulting a slip-and-fall injury attorney for legal advice before you speak to them. 
• Consult with a Brandon lawyer: You should arrange a free case consultation and evaluation as soon as possible after obtaining medical care. The sooner you speak to a lawyer for slip-and-fall accidents, the sooner you can find out your legal rights and options for filing your injury claim. 

How Our Brandon Slip And Fall Lawyers Will Help You Recover Maximum Compensation

Our slip-and-fall accident lawyers help our clients secure favorable settlements, and the maximum compensation they deserve. 

Case Evaluation and Investigation

Our slip-and-fall law firm offers a free consultation, so you can learn about your legal rights. If there are grounds for filing a slip-and-fall injury claim, we will:

• Review your current evidence, such as medical records and accident reports
• Gather additional evidence to support your claim and prove the property owner was negligent
• Determine if there could be other parties that could be liable 
• Complete and file your injury claim with the property owner and insurance company
• File the appropriate paperwork and legal documents with the court

Negotiating With Insurance Companies

After your claim has been filed with the insurance company, we will handle all negotiations directly, so you can focus on healing and recovery. We are fully aware of all the tactics they use. Our experienced lawyers seek to settle your case for maximum compensation. 

Filing a Lawsuit If Necessary

In the rare event the insurance company refuses to settle, or make a reasonable settlement offer, we will aggressively litigate your case in court at trial in front of a judge and jury. Once a lawsuit is initiated, it is essential to remember a settlement could still be reached at any point before the jury returns a verdict.  

Contingency Fee Representation

Our law firm believes everyone injured due to another’s negligence is entitled to expert legal advice and representation. We provide contingency fee representation, so you do not have to pay any upfront legal fees. You only have to pay us after we win your case. 

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

Some of the reasons why we are regarded as the best slip-and-fall attorneys in Brandon are:

• We have decades of experience in handling personal injury claims in Florida
• Local knowledge of Brandon courts, judges, and insurance adjusters
• Proven results in slip-and-fall settlements and verdicts
• Client-focused approach with personalized legal support 

If you have been injured in a slip-and-fall accident, or another type of accident where another person is at fault, contact us today for a free consultation. 

Book a free case evaluation and consultation now.

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FAQs

Sources:

FLA. STAT. § 768.0755. (2024).

FLA. STAT. § 768.81. (2024).

Lewis, L. (2024). What Are the Elements of Negligence?