Fort Lauderdale Slip and Fall Attorney

Every year numerous people are taken to the emergency room for slip and fall accidents. The injuries can range from mild cuts and bruises to severe spinal cord damage or traumatic brain injuries. If you sustain injuries on another person’s premises because the property owner failed to keep the property in optimum condition, a Fort Lauderdale slip and fall attorney can help you recover damages from the property owner or whoever is responsible for your Fort Lauderdale slip and fall accident.

Common Reasons for Slip and Fall Accidents in Fort Lauderdale

Most slip and fall accidents that lead to serious injuries can be avoided if property owners and employers follow the OSHA guidelines. This includes taking necessary precautions, such as putting up warning signs and fixing the hazard as soon as possible to ensure their property is safe for visitors, workers, and guests. Unfortunately, a property owner’s negligence can lead to someone’s death. Here are the most common reasons for Fort Lauderdale slip and fall accidents:

Wet or Uneven Walking Surfaces

One most common causes of a slip and fall accident are wet or uneven surfaces on a property. For example, having loose flooring across the premises without a warning sign can make the property owner liable for a slip and fall accident.  Wet or uneven flooring conditions can include inadequate barriers around wet floors, worn-out carpeting, defective sidewalks, uncleaned spills, potholes in private or business parking lots, and a lack of warning signs for recently polished or waxed flooring.  All property owners have a legal duty to provide reasonable care to all visitors by eliminating any hazards from their property or warning visitors about the risks. If a negligent property owner fails to take corrective measures for hazardous flooring conditions, such as removing obstacles from walking paths and exterior staircases, they can be responsible for causing a Fort Lauderdale slip and fall accident.

Poor Training

All employers are legally required to provide their employees with adequate training to avoid accidents, including slip and fall accidents on the business premises. For instance, construction sites have a high percentage of slip-and-fall accidents, and one main reason is improper safety practices.   If employees do not undergo proper training on reducing the risk of slip and fall injuries in the workplace, they can sustain life-threatening injuries. For example, construction workers should have proper training on how to manage heavy and dangerous equipment on higher elevations, such as scaffolding, to avoid fall accidents.

Inclement Weather

While the weather is a natural occurrence that cannot be controlled, it is another leading cause of slip and fall cases. Municipalities and property owners have a legal responsibility to engage in safety procedures such as plowing the pathways or streets, shoveling sidewalks on the property to clear out debris, and providing adequate lighting on the property after bad weather hits to reduce the risk of a person sustaining a serious injury on their premises.

Stray Wires and Extension Cords

Stray wires or extension cords can result in a slip and fall accident. If not secured properly, extension cords and wires can get hooked on footwear and cause a person to trip. For example, pedestrians can risk tripping over extension cords that do not have adequate floor cover. To minimize this risk, property owners and municipalities can place the cords flush against the walls or equip them with the necessary covering.

Damaged Handrails

Handrails support people when they are using the staircase or walking on steep pavement. A lack of adequate handrails can result in a serious slip and fall accident. People who suffer injuries due to the absence of handrails on private or business premises can recover compensation in a slip and fall lawsuit.

Unsafe Stairs

Unsafe staircases can lead to serious slip and fall incidents. Conditions that can make a staircase unsafe include worn and warped steps, debris on the stairs, recently waxed and polished steps without a warning sign, and broken railings. Property owners must issue warning signs for defective staircases and fix the hazard in time to prevent a slip and fall incident.

Common Slip and Fall Injuries

The following are the common injuries that can result from a slip and fall case:

Traumatic Brain Injuries

When the impact to the head is extreme, it can lead to the person sustaining a traumatic brain injury or TBI. Traumatic brain injuries can range from a slight concussion to a skull fracture. TBIs can result in cognitive disabilities, reduced mental capacity, immobility, headaches, nausea, and impaired motor function. Traumatic brain injuries can take several months to years until the individual fully recovers, resulting in lost wages and high medical bills.

 Hip Fractures

Another common complication of a slip and fall is hip fractures. Older adults who suffer a slip or fall are more prone to hip-related injuries and may require surgery or a joint replacement if they don’t recover. Hip fractures can take several weeks or months to fully heal. These injuries can lead to a decrease and difficulty in mobility.

Spinal Injuries

Tripping or falling from a certain height or angle can expose and damage one of the body’s most sensitive parts: the spinal cord. Slip and fall accidents can cause spinal cord dislocation, bending, or fracture. The consequences of such serious injuries can be disability, paralysis, and nerve damage.

Broken Bones

If someone attempts to stop the fall by extending their arms or their legs bend in an unnatural way, they can sustain painful bone fractures. Bone fractures are a common injury in slip and fall accidents. Serious fractures can take several months to heal fully. If the bone is completely broken, it could require extensive surgeries. In some cases, infections can develop in broken bones leading to amputations.

Sprained Wrists and Ankles

Soft tissue damage in wrists and ankles can result from slip and fall accidents. If the ankle sprain is severe, the injured individual could experience chronic pain or swelling. They can also require crutches to move and may require a few weeks to heal completely.

Knee Injuries

If the accident forces the knee to twist abnormally, it can damage the cartilage or muscles around the joint. Torn ligaments in the knee can lead to acute pain and interfere with the person’s ability to move. Such an injury can require medication and surgery. In severe cases, a knee injury can require surgery.

Dislocated Shoulder

Another slip and fall injury is a dislocated shoulder. When someone falls directly on their shoulder or it twists at the point of impact, it can cause their shoulder joint to dislocate. A dislocated shoulder can be extremely painful and permanently damage the surrounding nerves and muscles if left untreated.

Steps to Take After a Slip And Fall Accident

Slip and fall accidents can lead to severe physical and mental trauma. Slip and fall cases can result from the property owner’s negligence. If you suffer severe injuries in a fall accident, you have the legal right to pursue a slip and fall claim or lawsuit and recover compensation. But before you seek any legal action, you can follow these steps to ensure you can obtain full compensation for your injuries:

• Receive Adequate Medical Treatment: The upfront medical bills can be tough to afford, especially if you have to pay out of pocket. However, if you neglect treatment, it would aggravate your injuries and give the insurance company a chance to deny your settlement claim by claiming that your injuries were not serious enough to need medical treatment. Your medical bills can be a crucial piece of evidence that help you secure maximum compensation.

• Report the Accident: Whether the fall occurs on a commercial or residential property, you must report it to the relevant authorities. Reporting the slip and fall incident to the property owner and the police can help you protect your legal rights and obtain compensation with the help of an experienced attorney who can guide you through the slip and fall case.

• Gather Documentation of the Accident: Ensure that you take photos and videos of the scene of the accident. You can also get your slip and fall lawyer to obtain any surveillance footage that can be used as evidence in court.

• Hire a Slip and Fall Accident Lawyer: Slip and fall lawyers can help you gather all the necessary evidence for the accident, including expert witnesses. They can also handle all the legal paperwork on your behalf. Typically, victims of a slip and fall accident need guidance in determining the compensation they should demand for their suffering. They might also need help negotiating with the insurance company or the defendant’s legal team. A slip and fall attorney can calculate a reasonable estimate of your damages so you do not settle for any lowball offer by the insurance company. Lastly, an experienced Fort Lauderdale slip and fall lawyer can expedite the process by not letting the case drag on for too long.

Slip And Fall Accident Statistics

• In 2019, more than 6.8 million people were treated for fall injuries in emergency rooms across the U.S.
• In 2020, every 1 in 5 construction workers lost their life due to a slip and fall accident.
• Slip and fall accidents account for 1 million hospital visits annually.
•  According to a study in Florida, over 3000 older adults have died in recent years due to slip and fall accidents.

How Do You Prove Negligence In A Slip-And-Fall Case?

Proving the property owner’s negligence in a slip and fall accident can be tricky because you have to prove four elements in the case to be eligible for compensation. You must prove that:

• The opposing party had a duty of care.
• They had breached the duty of care.
• The breach of that duty resulted in a slip and fall accident and your sustaining injuries.
• You suffered financially or emotionally from the accident.

These elements can only be proven with tangible evidence, including photos and videos of the scene of the accident, surveillance camera footage, and eyewitness statements. A Fort Lauderdale personal injury lawyer can use their resources to investigate the scene and gather enough evidence to prove the property owner failed to provide a reasonable duty of care, resulting in the slip and fall accident.

FAQs

How Long Does The Settlement Process in a Premises Liability Case Take?

Several factors can determine how long your premises liability claim can take to settle. For instance, in cases where the victim has suffered minor injuries, and the property owner and victim are in agreement, the case can settle quickly. In contrast, slip and fall cases where the victim’s injuries require prolonged treatment, the settlement amount is significantly large, or both parties fail to reach an agreement, the case can get dragged on for an extended time. Hiring a slip and fall lawyer can help you expedite the process of your premises liability claim. In addition, your fall lawyer can tackle the bad faith tactics of the insurance company and represent you in court for a fair verdict in the slip and fail lawsuit.

What Damages Can I Recover in a Fort Lauderdale Slip and Fall Lawsuit? 

Generally, the compensation of a slip and fall claim can include reimbursement for past, present, and future medical expenses, lost wages due to incapacitating injuries, loss of earning potential, disability, disfigurement, and any mental anguish or emotional distress resulting from your injuries. The court can also award you punitive damages in a premises liability case if it is established that the defendant had a willful disregard for your safety.

What Is the Timeline to File Premises Liability Cases in Fort Lauderdale, Florida? 

According to the Florida statute of limitations for slip and fall cases, you have four years to file a premises liability claim against the property owner or any other responsible party from the date of the slip and fall accident. You can either file a claim yourself or have a slip and fall lawyer do it on your behalf. It is best not to wait too long to file as you might find it increasingly challenging to gather solid evidence to build a strong case. You are welcome to contact our Fort Lauderdale personal injury lawyer at Tucker Law to learn how to best proceed with your slip and fall case.

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