FAQ Slip and Fall Attorneys
What is a Premise Liability Case or a "SLIP AND FALL"?
A "slip and fall" or "trip and fall" is the generic term for an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. It includes falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground. If you are on someone else's property and injure yourself as a result of a dangerous condition on the property, the land owner or business proprietor may be liable for your injuries.
What is an Unreasonably Dangerous Property Condition?
Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about. The hazard may be obvious (such as a broken stair) or hidden (like a hole in a lawn that is partially covered by grass). In some instances it may not be apparent, as in flooring which appears normal, but is slippery. It could be permanent, like broken concrete with a change in elevation, or temporary, like a liquid spill in a supermarket aisle. In general, an owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, since the owner knew, or should have known, about the condition before the incident occurs. In the case of temporary conditions (like a liquid spill), the length of time that the condition existed before the incident occurred has legal significance.
After a slip and fall, what should I do?
Inspect the area where you fell. What caused you to fall? Did anyone see you fall? Write down the names, addresses and phone numbers of anyone in the vicinity where the incident occurred – both those who saw you fall, and others who were there after the incident -- since you may need them as witnesses on your behalf if the landowner disputes your claim. Even if someone did not see you fall, he or she could, if necessary, describe your pain and the conditions of the floor, lighting, etc. immediately after you fell.
If the incident occurred in a store or place of business, speak with the manager or supervisor on duty. Have them make a record of the incident, and get a copy of anything prepared by the business. If anyone (especially an employee, supervisor or manager) makes a comment suggesting that this has occurred before, or that they were aware of the condition before your fall, make a note. If possible, get the name of the person who made the comment. As soon as you are out of the store, write down the name and what exactly the person said, and who else heard him make the statement.
Have someone take photographs of the area as soon as possible, so a record is made. “Conditions" have a way of changing if the landowner thinks that you might file a claim for injuries.
How long do I have to file a lawsuit (Statute of Limitations)?
In Florida, a lawsuit claiming injury as a result of slip and falls caused by the negligence of another must be brought within four years of the date of the accident.
If you or a loved one has been injured by a slip and fall, call Beltz & Ruth now at 1-888-749-3221 or
*CLICK HERE TO SUBMIT A SIMPLE CASE FORM.* Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
