How Do You Know if You Have a Valid Slip and Fall Claim?

If you slipped, fell, and got hurt, you might be wondering if you have a valid personal injury claim and the right to pursue fair compensation. In many slip and fall cases, it comes down to whether a property owner knew (or should have known) about a dangerous condition and didn’t fix it in a reasonable time. 

Talking to a Fort Lauderdale slip and fall accident lawyer from our law firm can help you understand if your situation might qualify for an insurance claim or lawsuit based on your case’s facts. Whether or not you have a claim depends on factors like what caused the fall, where it occurred, and who was responsible for maintaining the area. Hazards such as wet floors, broken steps, or poor lighting are all common contributors in these types of incidents.

What Types of Hazardous Conditions Might Lead to a Slip and Fall Claim?

Many slip and fall accidents happen because unsafe conditions on the property weren’t addressed in time. If a dangerous condition was present, it might be possible to show that the property owner didn’t take reasonable steps to keep the area safe. 

Some common examples of hazards that can cause a fall include:

• Spills that weren’t cleaned up promptly
• Recently mopped floors without warning signs
• Uneven flooring
• Cracked sidewalks
• Debris in walkways
• Loose rugs or torn carpeting
• Poorly lit or poorly maintained walkways or stairwells
• Broken handrails 
• Steps without proper markings or tread
• Cords or wires stretched across walkways
• Potholes in parking lots

If one of these or another hazard played a part in your fall, it may be worth exploring your eligibility for a legal claim. Our Fort Lauderdale personal injury lawyers can listen to your story, take a closer look at what happened, and explain whether a personal injury claim might be possible and what your next steps could look like.

How Do You Know Whether Your Fall Resulted From Negligence?

To qualify for damages, your lawyer must prove the liable party was negligent. This involves proving the four legal elements of negligence:

• Duty of care – The property owner had a responsibility to keep you safe by ensuring their store, restaurant, or other space was free from slip-and-fall hazards.
• Breach of duty –The property owner knew (or reasonably should have known) about the hazard, but they failed to fix it and did not warn you about it. 
• Causation – The liable party’s breach of duty caused you to slip and fall. 
• Damages –You experienced financial and non-financial losses because of your slip and fall accident. 

To prove these elements, your slip and fall attorney will collect evidence such as:

• Medical records
• Incident or police reports
• Lease or rental agreements
• Photos 
• Security footage
• Witness statements
• Maintenance records

This evidence can present a clear picture of what happened. In some cases, your lawyer may also speak to people who specialize in understanding how falls happen, like safety experts or medical professionals, to add context. 

What If You Think the Fall Was Partly Your Fault?

Even if you were partly at fault for your fall, that doesn’t necessarily mean you don’t have a claim. Florida follows a modified comparative negligence rule (Florida Statutes § 768.81), which means you can still claim compensation in this situation, but your award will be reduced by your percentage of fault. 

For example, if you were 10% at fault for the accident because you were not looking where you were going when you fell down the stairs, but the property owner was 90% responsible because the stairs were broken, you can still recover 90% of your losses. If you were more than 50% at fault for the accident, you cannot recover damages.

Your slip and fall attorney can explain how comparative negligence may affect your claim. 

What Should You Do After a Slip and Fall Accident?

Your health comes first after an injury. Get medical attention even if you think you’re okay, since some injuries don’t show up immediately, and a minor injury can become more serious than initially expected if you don’t see a doctor soon after the accident.

Seeing a medical professional also starts a record of your injuries, which can be useful for your claim. It can help to keep track of how you’re feeling in the days and weeks after the fall. Write down any pain, limitations, or doctor visits you experience. 

Immediately after an accident, gathering all the information you can helps tell the full story of what happened. If possible:

• Take photos of the area where you fell and the dangerous condition that caused your fall.
• Write down what happened while it’s still fresh in your mind. 
• Get contact information from anyone who saw the fall. 

If you reported the fall to a store manager, property owner, or employee, request a copy of the report or note who you spoke with and when. 

What Damages Can You Recover in a Slip and Fall Injury Claim?

You shouldn’t have to pay for the costs of a fall that wasn’t your fault. After a negligence-based slip and fall, you may qualify for various economic and non-economic damages, including:

• Medical expenses, including surgeries, hospital stays, medications, physical therapy, and more
• Lost income
• Pain and suffering
• Mental anguish
• Emotional distress
• Lost enjoyment of life

Your personal injury attorney will ensure they account for all your damages and how the fall has affected your daily life when seeking a settlement from the responsible party’s insurance company. We’ll handle your insurance claim or lawsuit while you focus on your recovery.

Our Lawyers Can Help You Determine if You Have a Valid Slip and Fall Claim

If you’re wondering whether your slip and fall accident qualifies you for compensation, we can listen to your story and explain your legal options. Contact Chalik & Chalik Injury Lawyers today for a free consultation. There’s no cost to speak with us, and no obligation to take the next step.

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