An unexpected slip and fall is something nobody wants to happen. Unfortunately, 73 people died after a slip and fall accident in Manatee County in 2020. Pain, suffering, missed wages, and medical bills are just a few consequences of a slip and fall accident. You can hold the landowner accountable for your injuries by filing a lawsuit against them. If you have been injured and are looking for a slip and fall lawyer in Bradenton, go no further than James Horne Law PA.
What to Do After a Slip and Fall Accident
As slip and fall lawyers in Bradenton, Florida, we have over 11 years of experience helping injured Floridians secure recovery after accidents. We recommend taking these steps if you experience a slip and fall:
- Seek medical attention as soon as possible. Even if you do not think you are severely injured, a medical evaluation will ensure you receive treatment and help support your future claim.
- Document the accident, including time, location, cause (wet floor or uneven surface), and injuries. Photograph the scene and any injuries, if possible.
- Report the accident to the owner or manager if it occurred on someone else’s property (such as a store or restaurant). If it happened at work, tell your boss.
- Keep track of your injuries, medical treatment, and any expenses resulting from the accident (such as medical bills or lost wages).
If you’re considering legal action after the accident, consult an attorney. A Bradenton slip and fall attorney can advise you on your rights and help you recover damages.
Common Causes of Slip and Fall Injuries
There are many potential causes of slip and fall accidents, including:
- Wet or slippery surfaces: Water, oil, and other things on the floor can cause people to slip and fall. This can occur in a grocery store, restaurant, or someone’s house.
- Uneven surfaces: People can trip and fall because of holes, cracks, or uneven ground. This can happen inside and outside.
- Cluttered or obstructed walkways: Obstructed walkways can be challenging to navigate and increase the danger of falling.
- Poor lighting: Poor lighting can make it harder to detect hazards and increases the risk of falling.
- Loose carpeting or flooring: Loose carpets or flooring can cause falls.
- Stairs: Unmaintained or inadequate railings on stairs can cause falls.
- Inclement weather: Ice, snow, and rain can make outdoor surfaces slippery and increase the chance of falling.
- Age: Due to changes in balance and mobility, older adults are more likely to fall.
- Certain medical conditions: Some medical issues, such as vertigo or poor vision, can increase the risk of falling.
It is essential for business owners to be aware of these potential hazards and to take appropriate precautions to prevent falls.
Who Has Legal Responsibility for a Slip and Fall Accident?
Premises liability law refers to the legal responsibility of property owners or occupiers to maintain their property in a safe condition for visitors. This includes a duty to fix any known dangers or warn visitors about potential dangers. If a property owner or occupier breaches this duty of care and injures a guest, they may be responsible under premises liability law.
To succeed in a premises liability claim in Florida, the injured person (the plaintiff) must show that the property owner or occupier (the defendant) owed a duty of care to the plaintiff, that the defendant breached this duty of care, and that the breach caused the plaintiff’s injuries. The specific duty of care owed by the defendant will depend on the circumstances of the case and the relationship between the parties. For example, a property owner or occupier owes a higher duty of care to invitees (such as customers or clients) than trespassers.
Under Florida law, a person hurt in a slip and fall must show that the business owner either knew or should have known about the dangerous situation and tried to fix it. Constructive knowledge (“should have known”) exists when:
- The dangerous condition existed for enough time that a business owner exercising ordinary care would have discovered it or
- The dangerous condition happened often enough that the business could have expected the accident.
It is often more complex than it seems to prove that the store owner knew what was happening. See an attorney if you’ve been hurt on someone else’s property and think the owner or occupant may be liable. A lawyer can review your case’s facts and explain your legal options.
What Happens When I Contact a Slip and Fall Attorney in Bradenton?
Many people who are injured have never worked with a lawyer before. Here is a quick overview of what to expect after you schedule your consultation.
- Listen. Our attorneys provide every client with their full, undivided attention. When you visit for your initial consultation, we will take the time to get to know you and your situation.
- Collect evidence. Our legal team will handle the evidence collection needed to prove responsibility for your injury. We will interview witnesses, obtain security footage, and manage communications with the other side so you can focus on recovery.
- Negotiate with the insurance company. Most landowners will send slip and fall claims to their insurance companies to settle. Our attorneys will handle all communication and negotiation to obtain a fair settlement offer.
- File court documents before the deadline. If we can’t secure a fair settlement, we will file a complaint with the court to begin your case. We are familiar with court deadlines and the documents required.
- Prepare you and your case for trial. If your case goes to trial, we will make sure you are thoroughly prepared to give your testimony. We will handle all the details of presenting your case to the jury.
- Secure your recovery. Our work doesn’t end when you receive a favorable verdict. We will manage the post-trial formalities until you receive payment from the defendant.
As a Bradenton slip and fall lawyer, James “Jay” Horne has a history of fighting for the injured of Manatee County. Unlike other firms, we don’t back down when taking your case to trial. If you find yourself struggling with medical bills and losses after a slip and fall accident, James Horne Law can help. We will handle the legal issues so you can concentrate on your recovery. You don’t pay until we win. Contact us today.