Questions about Slip and Fall Accidents

What is a slip and fall accident?

A slip and fall accident occurs when you get injured on someone else's property, generally as a result of tripping or slipping on a hazardous surface. Slip and fall accidents happen throughout Florida in the thousands, resulting in some very serious injuries, including leg fracture, hip fracture, broken arm, and herniated disc.

Who is held liable in slip and fall accidents?

Generally, the owner of the premises has an obligation to maintain safe conditions. When hazardous conditions are unavoidable, the owner must provide adequate warning of the dangers to avoid accidents. Therefore, in most cases, the owner will be responsible for injuries caused on his premises.

Where a commercial property is involved, the property manager or tenant may be liable for the slip and fall injury. For example, a fall down occurring at a department store located in a mall, caused by liquid on the floor for an extended period of time, would generally create liability for the department store. The negligent department store (tenant) likely rents the premises from the mall (owner). In such an example, it is unlikely the mall owner would be liable; instead, just the tenant department store would bear responsibility.

Often, the lease agreement of other contract which exists between a commercial landlord and tenant, or property owner and property manager, govern which entity is liable for a clip and fall claim on the premises.

What is comparative negligence?

In comparative negligence, the fault of the person injured is considered as well as the fault of the owner of the premises when damages are assessed. If you are found to be partially at fault for the injury, your damages will be reduced in proportion to your degree of fault in the incident.

Who pays for my medical expenses in a slip and fall accident?

Ultimately, if the business or premises owner is liable for the slip and fall injury, then your personal injury attorney will seek to have that premises liability insurance policy pay for your medical bills and other damages.

• Who pays for my medical expenses in a slip and fall accident before the whole case is settled?
• • At the outset, say before an injury settlement is recovered, most business owners have insurance policies which cover slip and fall injuries, called Medical Payments coverage, or "med-pay" policy. A med-pay policy or rider often pays a minimal amount, usually between $1,000 and $5,000 toward medical bills for the personal injury victim's medical bills.
  • In the short term, before an injury settlement is achieved, your health insurance may cover some or all of your medical expenses.  If your health insurance is provided by your employer, that health insurance company may often assert a lien, or a right to be paid back, on those amounts it paid for your injury. The obligation to pay back the health insurance exists only if you make a money damages recovery against the premises owner.

If you are injured at a private residence, the owner's insurance will cover your expenses if his homeowner's insurance policy has the appropriate coverage. If not, your insurance will need to cover your expenses and you can then sue the homeowner to recover your costs.

What kind of damages can I recover in a slip and fall case?

You can generally recover damages similar to those in other personal injury cases:

Do I need an attorney in a slip and fall case?

If your injuries are very minor, you may be able to settle the case without a lawyer. This is often the best course in the event of a minor injury claim.

However, in most cases, where you have suffered a serious injury, then you will want to hire an experienced slip and fall attorney. In most cases, the premises owner's insurance company will either try to deny responsibility or offer you a settlement that is vastly lower than you deserve. Having an attorney on your side will help ensure that you receive a fair settlement.

Please contact our experienced slip and fall injury lawyers today for a confidential consultation.