Few of us worry about getting injured on someone else’s property, but the experience can derail your life when the unthinkable happens. The injuries you suffer can range in severity, but almost all cause a substantial interruption to your daily activities. Unfortunately, these accidents happen more commonly than you might think. It’s important to remember that an experienced personal injury attorney can help you in recovering damages from a slip and fall accident. Read on to learn more about the damages you may be entitled to recover.
How Do I Recover Damages in a Slip and Fall Accident?
Recovering damages in a slip and fall accident requires proving that a party was negligent in maintaining their property. This theory of law is called premises liability. Premises liability permits an injured person to hold a property owner responsible for the injuries they suffered due to a property’s dangerous or defective condition.
A property owner or business operator may be responsible for injuries suffered on their property if they had management or control of the property at the time of the accident. Their liability hinges on the classification of the person who entered their property and the duty owed to them based on this classification.
Invitees
Invitees typically include patrons of a property, such as customers in a grocery store or clients of another type of business. Property owners and business operators owe invitees the highest duty of care and must keep the premises safe. Keeping the premises safe includes regularly inspecting the property for dangers and either repairing or warning of a dangerous condition they know or should have known about.
Licensees
Licensees are individuals who enter a property with the property owner’s permission, usually for social purposes. Property owners and business operators are obligated to keep the premises reasonably safe, fix unsafe conditions, and warn of dangerous conditions or property they know about.
Trespassers
Trespassers are those who enter a property without permission. Property owners and business operators owe trespassers the lowest duty of care and are only required to exercise reasonable care to prevent wanton or willful injury to trespassers while on the property.
Your slip and fall attorney can analyze the facts of your case to determine your classification at the time of your accident and help identify which party or parties may be held responsible for your injuries.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can happen anywhere and often occur due to the negligence of a property owner or business operator. The most common causes of these incidents include the following:
- Overwaxed floors,
- No handrails placed on stairs or walkways,
- Poor lighting,
- Exposed wiring that creates a tripping hazard,
- Uneven floor surfaces,
- Potholes in the pavement,
- Damaged sidewalks,
- Floor obstructed by obstacles,
- Loose carpeting or floor mats, and
- Wet floors.
Determining the cause of your slip and fall accident is the first step in determining how to recover damages for your losses.
What Damages Can I Recover?
Florida law permits injured victims to recover both economic and noneconomic damages. Economic damages cover financial losses you incur as a result of your accident. Examples of economic damages include the following:
- Past and future medical expenses related to your injuries,
- Lost wages,
- Loss of future earnings, and
- Property damage.
Retaining proof of your economic losses is crucial to their recovery. Keep copies of all invoices, bills, and pay stubs, as this documentation will assist your attorney in calculating, and ultimately recovering, your economic damages.
Noneconomic damages represent subjective losses stemming from your injuries and may include:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- Loss of enjoyment of life, and
- Permanent injury or disfigurement.
Overlooking these damages in your compensatory relief is a mistake, as many injured victims find that recovering noneconomic losses supports them through recovery. However, recovering noneconomic damages is challenging without a personal injury attorney’s help.
Contact Us
The primary value of the legal team at James Horne Law PC is our commitment to our clients. We never view our clients as just another case but take the time to understand the full scope of your situation and how best to move forward. We fight tirelessly to achieve the best possible result in your case. No case is too complex for us to take on. We have an established track record of success in recovering millions of dollars for our clients. Our legal team provides top-notch legal representation when you need it most. We never charge our clients a fee unless we win and are always 100% upfront if we don’t think you have a successful case. While many personal injury cases end in settlement, we are fully prepared to litigate your case at trial. Contact our legal team today by phone or email for a confidential case evaluation and learn how James Horne Law PC can help you!
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
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