The dedicated slip & fall attorneys at The Law Offices of Marc L. Shapiro, P.A., have spent decades helping injured Floridians recover the monetary damages they are owed after Florida slip, trip and fall accidents. Whether you slipped on a spill in a grocery store, tripped over a pothole or crack in the sidewalk outside a market, fell through a broken railing in a stairwell, slid on an icy entranceway to an office building, or stepped through a broken step in someone else’s home, our Florida premises liability attorneys are ready to help you recover the monetary compensation you are owed for the harm you have suffered.
Proving Liability in a Florida Slip & Fall Case
Slip and fall cases in Florida turn on the level of responsibility that a property owner or manager owed to you, a lawful guest, and whether they lived up to that level of responsibility. A premises liability claim requires that the property owner owed a duty to a visitor, that they violated that duty, and that the violation caused the guest injury. If there were dangerous or hazardous conditions that caused an injury, the victim must establish that the property owner had a duty to fix, remove, or label the hazard and that they failed to do so.
First, the property owner must owe a duty or obligation to the victim. Generally, property owners do not owe a duty to unlawful guests, such as trespassers or burglars. Property owners owe a duty to lawful guests, but that duty varies depending on the type of property and nature of the relationship between owner and guest. Restaurant managers, store owners, and operators of other public places typically owe guests a duty to keep their premises safe for their guests. They must take affirmative steps to seek out and remedy unidentified hazards (such as wet floors or cracks in the floor). Homeowners generally owe a lesser duty; they must correct or warn guests of any dangers they know about (such as a broken step or loose floorboard), but they do not have a duty to inspect their property for new hazards.
Next, the property owner or operator must have breached or violated that duty. They may have, for example, failed to clean or mark a spill, or failed to install sufficient lighting in an area with hazards on the floor.
Finally, the accident must actually have harmed the victim. Simply falling over does not trigger liability if the victim did not suffer actual harm. Your slip & fall attorney will work with you to demonstrate the extent of your injury by showing, for example, your medical records, medical bills, lost wages, or other evidence of actual harm.
Slip and Fall Statistics
Slips, trips, and falls are extremely common in office buildings, construction sites, and public places such as supermarkets. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has stated that nearly 15 percent of all serious workplace injuries and accidental deaths involve slips and falls. According to the National Floor Safety Institute (NFSI), falls account for over eight million emergency room visits across the country every year. Slip and fall accidents represent at least a million of those emergency room visits annually.
Florida health and safety officials report that falls are the leading cause of injury-related death among elderly Floridians every year. Overall, falls are the fourth leading cause of injury-related deaths for everyone in Florida, and they are the leading cause of non-fatal injury-related hospital admissions in the state. If your elderly loved one has been injured in a fall, or if you have slipped, tripped, and fallen on someone else’s property in Naples or elsewhere in Florida, the experienced slip & fall injury lawyers at The Law Offices of Marc L. Shapiro, P.A. can help you and your family get the medical care and compensation you need.
Effective Advice and Representation After Your Naples Slip & Fall Accident
If you or a loved one has been hurt or killed on someone else’s premises in Naples, Orlando, or throughout Collier and Orange Counties, reach out to a seasoned Naples premises liability lawyer for help. The experienced and zealous Florida slip & fall injury team at The Law Offices of Marc L. Shapiro, P.A., is prepared to handle your claims. Reach out to our Naples law office today at 239-649-8050 for a free consultation, and find out whether you may be entitled to damages after your Florida slip & fall accident.