Documenting Evidence after a Slip and Fall: A Step-by-Step Guide
If you slip and fall on someone else’s property and you’re injured, you may be […]
Slip and Fall Attorney in Jacksonville
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Injured in a Fall? Talk to a Jacksonville Slip and Fall Lawyer Today
A slip on a wet floor or a trip on a broken sidewalk is usually just embarrassing. We’ve all taken a spill and then dusted ourselves off and gone on with our lives. But it doesn’t always work out that way. Slip and fall accidents can cause serious injuries.
If you’ve been hurt in a slip and fall or trip and fall accident on someone else’s property, you may be entitled to compensation for your medical expenses, lost work time, and other damages. The process can be complicated, though. It’s best to consult an experienced premises liability attorney with experience handling slip and fall cases right away.
Harrell & Harrell Can Help
At Harrell & Harrell, we have decades of experience fighting for injury victims in and around Jacksonville. We’re committed to getting the best possible settlement or verdict for every client. You can schedule a free consultation with a slip and fall attorney in our office right now by calling 904-251-1111 or filling out the contact form on this page.
Slip and Fall Client Testimonial
What Qualifies as a Slip and Fall Accident in Jacksonville?
“Slip and fall” broadly describes accidents that happen when a person slips or trips. A slip and fall claim arises when someone else was responsible for that slip or trip, usually because the owner or person in control of the property where the accident happened didn’t maintain it in a safe condition.
Here are some common examples of how slip and fall accidents happen and when the property owner may be liable.
Common Causes Our Slip and Fall Lawyers in Jacksonville Handle
Slip and fall accidents can happen in many ways, including:
- Slipping on a wet surface, such as a floor that has been freshly mopped or where a drink has been spilled
- Tripping on a loose floorboard or due to an unexpected change in the level of the floor
- Tripping on objects left on the floor, sidewalk, or other area people are walking through, such as toys or tools
- Tripping on something stretched across a walking area, such as a garden hose or electrical cord
- Tripping on a broken or loose stair
- Falling due to a loose railing or unguarded drop-off
- Tripping due to inadequate lighting, such as in an apartment complex stairwell
Of course, these are just a few examples of how a slip and fall accident might happen. Any time you have been injured in a fall on someone else’s property, you should speak with a slip and fall lawyer.
Who’s Liable? Property Owner Negligence in Jacksonville Slip and Fall Cases
In Florida, a negligence claim requires the injured person to show four things:
- The defendant (in this case, the property owner) had a duty to exercise a certain degree of care
- The defendant failed to live up to that duty, legally called “breach”
- The defendant’s failure to fulfill their duty caused the accident or event
- The accident or event caused your damages
In a slip and fall case or other premises liability case, the duty of care depends on the person who is injured. A landowner or other person in charge of managing property has different levels of responsibility depending on whether the person on their property is an invitee, licensee, or trespasser.
Duty to Invitees
The most common type of invitee is someone who is visiting a place of business, such as a customer in a store or a hotel guest. The other type of invitee is known as a public invitee. This category includes people who are on public lands for the purpose they are maintained–for example, someone picnicking in a public park.
Property owners have the highest level of responsibility to invitees. They are required to either fix any hazards they know of or reasonably should know of or warn visitors to the property about them.
Duty to Licensees
Licensees may be invited or uninvited. The most common example of an invited licensee is a social guest in someone’s home. The property owner must take reasonable care to maintain the property in a safe condition for invited licensees. Uninvited licensees are treated much like trespassers.
Duty to Trespassers
A landowner’s duty to a trespasser in Florida is quite limited. In most circumstances, the property owner needs only to refrain from willful and wanton injury to trespassers. The exception is when the trespasser is a child. If the property owner becomes aware of a child trespasser or knows that children are likely to trespass, they must exercise reasonable care and warn children of any known hazards. In certain circumstances, the duty to a child trespasser may be even greater.
If this seems like a lot to sort out, don’t worry. A personal injury lawyer with extensive experience with slip and fall cases can explain the standard that applies in your case in greater detail.
Serious Injuries Deserve Serious Representation
A slip and fall accident can cause a wide range of injuries, from cuts and bruises to traumatic brain injury (TBI). Some of the most common include:
- Sprains
- Fractures
- Knee Injuries
- Spinal Injuries
- Concussions
- Soft tissue injuries
Many of these injuries have an impact that goes beyond temporary pain. They may result in lost work time, the need for ongoing medical treatment or physical therapy, and sometimes even permanent limitations.
If you’ve been seriously injured on someone else’s premises in Jacksonville, you’ll want to work with an experienced slip and fall lawyer.
Steps to Take after a Slip and Fall Injury
The first step after any injury should always be to assess your injuries and seek medical attention if necessary, or if you’re unsure. That may mean you can’t take every step below. To the extent possible, you should:
- Photograph the scene of the accident, including the conditions that caused your fall, and a broader view of the whole scene
- Gather contact information from any witnesses and ask them to preserve any photos or videos they’ve taken
- Inform the property owner or manager of the incident (but refrain from offering a detailed statement)
- Write down your recollections of what happened as soon as possible after the accident
- Talk to an experienced slip and fall lawyer in Jacksonville
Slip and Fall Accidents with Renee Harrell
How Our Jacksonville Slip and Fall Lawyers Build a Strong Case
When you seek representation from the injury attorneys at Harrell & Harrell, we will thoroughly investigate your case and gather the best evidence available to establish that the property owner’s negligence caused your injuries.
What Compensation Can a Jacksonville Slip and Fall Attorney Help You Recover?
Every slip and fall case is different, but some of the most common types of compensation awarded include:
- Medical expenses incurred and projected future medical costs
- Lost wages due to your injury
- The cost of equipment, household assistance, and other expenses created by the injury
- Non-economic damages such as pain and suffering, and loss of quality of life
Why Choose Harrell & Harrell?
Our slip and fall attorneys have many years of experience helping Jacksonville injury victims get the compensation they deserve. We have in-depth knowledge of Florida negligence law, civil court procedures, how to gather evidence to support your claim, and how insurance companies operate. We also know how difficult the time after an injury can be, and we’re committed to making the process as simple and stress-free as possible.
To schedule a free consultation with a slip and fall attorney in Jacksonville, call 904-251-1111 or fill out our contact form.
Slip and Fall Injury FAQs
What is considered a slip and fall personal injury case?
“Slip and fall” and “trip and fall” are terms used to describe falls that happen on someone else’s property due to negligent maintenance, failure to warn, or the landowner in some other way not living up to their responsibilities. Some common examples include tripping on a broken stair or floorboard, or slipping on the wet floor of a grocery store.
How do I know if I have a valid slip and fall injury claim?
Getting hurt on someone else’s property doesn’t necessarily mean you have a personal injury claim. To establish a slip and fall claim, you must be able to show that the landowner or person in control of the property failed in their duty to maintain the property in reasonably safe condition, or to warn you of hazards you might not notice. This standard applies whether you’re a customer in a business establishment or a guest in a friend’s home. However, these obligations generally do not extend to trespassers.
What should I do immediately after a slip and fall accident?
If you’re able, gather whatever evidence you can. However, the most important thing to do after a slip and fall injury or any type of injury is to ensure that you get whatever medical care is necessary. If you’re unsure, err on the side of getting checked out by a doctor. Then, you should contact an experienced slip and fall lawyer right away, as important evidence can be lost if you don’t act quickly.
What evidence should I collect at the scene of the accident?
If you’re able, you should photograph the scene of your accident, particularly whatever caused you to slip or trip. If there are witnesses, collect contact information. Make sure you know the name of the business or address of the property where you fell. Look around to see whether there are cameras that may have captured the incident. If so, let your slip and fall attorney know right away, as they will likely have to act quickly to preserve the footage.
How important is it to seek medical attention after a slip and fall?
It’s important for both your health and your case. Immediately after a fall, you may not realize the extent of your injuries. But, carrying on business as usual can make them worse. And, if you later discover that your injuries are serious and you didn’t see a doctor right away, you may have trouble establishing that the fall was the cause of your injuries.
Is it necessary to report the incident to the property owner or manager?
Yes, you should report the injury to the owner or person responsible for the property. However, you should keep the conversation short and factual. Don’t talk about fault or what you were doing at the time of the fall or share other details that seem harmless but may be used against you. If their insurance carrier calls you, refer them to your slip and fall lawyer.
How do I prove that the property owner is liable for my injuries?
That’s a job for your slip and fall attorney. Proving liability in a slip and fall case requires showing that the property owner had a legal duty, failed in that duty, and that failure caused your injuries. The owner’s negligence can be established through evidence of the condition of the property, including photos and video, witness testimony, and other evidence.
What damages can I potentially recover in a slip and fall case?
Damages are different in every case, but some common types of damages awarded in an injury case include lost wages, medical expenses, and pain and suffering. Your slip and fall lawyer can give you more information about the types of damages that may be available in your particular case.
What is the statute of limitations for filing a slip and fall lawsuit?
The current Florida statute of limitations for injury cases, including slip and fall or trip and fall cases, is two years. However, the law was recently changed, and those who were injured before March 24, 2023 may have longer to file. The best source of information about the deadline in your case is an experienced local slip and fall attorney.
Should I speak with the insurance company before contacting an attorney?
It’s best to speak with a slip and fall lawyer before you talk to the insurance company. In fact, your attorney will likely take over communications with the insurance company, meaning that you never speak with them. Insurance companies don’t always play fair, and innocent comments during your conversation could hurt your case. The insurance company may also try to get you to settle quickly, before you know the full extent of your damages.
How much does it cost to hire a Jacksonville slip and fall personal injury attorney?
Most personal injury law firms, such as Harrell & Harrell, work on a contingency basis. That means that legal fees are based on a percentage of the settlement or jury award you receive. You don’t pay any fees upfront, and you also don’t pay any fees if you lose your case. In other words, the slip and fall lawyer only gets paid if you do, and their fees are in proportion to the settlement or verdict they secure for you.
What if the insurance company offers me a settlement early in the process?
The insurance company rep may make it seem as if they’re trying to help you. Often, they use language like “We want to get that to you as soon as possible,” knowing that you may be in a tough financial spot. But, there’s another reason insurance companies may push hard for a quick settlement. If they get you to enter into a settlement agreement before you know how serious or long-lasting your medical expenses may be, they may pay a lot less than they would when all of the information is available. If that happens, you could later discover the need for costly medical care, or that you’re off work much longer than expected, and have to absorb those costs yourself.
DON’T SETTLE FOR LESS THAN YOU DESERVE.®
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Testimonial
The second experience I had with Harrell & Harrell was due to a personal injury. I was hurt and frustrated, going around with a concussion. Mr. Schlax and his legal secretary Lauralee were always available to me during my frustrations, pain and insecurities along with many legal dynamic questions. They arranged for my medical care the same day and followed through with treatment to maximum medical improvement. We obtained a settlement that was appropriate for the condition and circumstances of the injury. Nothing can make up for being sick, hurt or injured, it changes your life. It does help to get support during and as a result of the incident. I would recommend Harrell & Harrell to anyone for consultation and see what they may do to help if they can. I would use them again if anything else happened in my life that fit into their specialty areas.
