Florida Slip and Fall Lawyers

Experienced Law Firm Fighting for Victims of Slips & Falls

When you suffer injuries in a slip and fall accident due to a safety hazard on someone else's property, you deserve answers, quality legal representation, and results. In many of these cases, a store owner or building manager is responsible for the dangerous conditions that led to your injury – otherwise known as premises liability – yet they refuse to accept responsibility. Their insurance company might fight you. Even your own insurance company might want to blame you and reduce your compensation.

Don't back down. You have rights, and our team at Kemp Law can help you enforce them. We can help you understand your legal options, document the circumstances of the accident, and take legal action to pursue compensation for your damages.

Our attorneys are known throughout Florida and beyond for our success rate at winning personal injury cases for our clients. Our team includes lawyers in the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, an elite distinction given to fewer than 1% of all attorneys nationwide. We have also secured high-dollar results specifically for slip and fall accident victims, including a recent $225,000 settlement.

We have a personal dedication to helping victims of negligence. You are more than just a legal case to us. You're someone who needs a voice in the legal system.

Schedule a free initial consultation with our Florida slip and fall lawyers by calling (727) 788-6792 or contacting us online. We are available 24/7, and you owe no legal fees unless we win.

Common Slip and Fall Hazards in Florida

Slip-and-fall accidents are among the most common causes of injury in public spaces across Florida. While some hazards are obvious, others are hidden dangers that can catch even the most cautious individuals off guard. Understanding these risks is crucial for protecting yourself and recognizing when you may have a valid claim.

Indoor Hazards

Wet and Slippery Floors

• Spills in grocery stores, malls, and restaurants that are not promptly cleaned up
• Recently mopped floors without warning signs
• Rainwater tracked inside entryways, creating slick surfaces

Uneven or Broken Flooring

• Loose or uneven tiles in commercial spaces
• Torn or wrinkled carpets in hotels or stores
• Loose or chipped floorboards and mats
• Worn carpeting

Poor Lighting

• Dimly lit staircases or hallways that make it difficult to spot hazards
• Burned-out bulbs in parking lots or entryways
• Inadequate lighting or total lack of lighting

Cluttered Walkways

• Merchandise, boxes, or debris left in aisles
• Unsecured electrical cords in walkways
• Wires and cords strung across the floor

Improperly Maintained Handrails

• Loose or broken handrails in stairwells
• Missing railings in areas with elevation changes
• Damaged handrails

Hidden Elevation Changes

• Unmarked steps or ramps
• Uneven transitions between flooring surfaces

Outdoor Hazards

• Cracks in sidewalks or parking lots
• Potholes in parking lots
• Cracked, uneven sidewalks
• Icy and snowy walkways
• Wet leaves, gravel, or sand on walkways
• Poolside areas with slippery surfaces

The Scope of the Problem

More than one million trips to U.S. emergency rooms each year are due to slip and fall injuries, making falls the number one cause of emergency room visits. Many of these injuries are quite serious—about 20% of people injured in slip-and-fall accidents will miss more than 30 days of work, and a significant proportion will never fully heal from their injuries.

Do I Have a Slip and Fall Case?

Slip and fall cases fall under premises liability law, which is a legal concept in which property owners can be held liable for slip and fall injuries as well as other types of injuries in certain circumstances. Premises liability extends beyond slip and fall accidents and covers many situations where someone is injured on the premises of another person or entity. We can help you gather the materials you need to prove your case and hold the right person or entity accountable.

As the plaintiff in a slip and fall lawsuit, you will need to prove that:

• The property owner owed you a duty of care
• A dangerous condition existed on their property
• The business owner was aware or reasonably should have been aware of the dangerous condition and failed to take action to address or resolve it
• You were not aware of the dangerous condition and how serious it was
• You exercised reasonable caution but still slipped and fell because there was no information to warn you of the dangerous condition
• The dangerous condition caused your injuries

Put another way, if you can show that the property owner or manager knew about or should have known about the safety hazard that caused your injury but did nothing to fix it or warn you about it, there's a good chance you have a case and should not wait to get legal advice.

Understanding Your Status on the Property

You may not realize that you are considered an invitee, licensee, or trespasser when you spend time on someone else's property, but the applicable categorization affects whether the property owner owes you a duty of care (and, therefore, affects your ability to sue):

• Invitee (Business/Social Invitee): When someone has been invited onto the premises and is there with the landowner's express or implied permission, they may sue if they are injured. This includes customers, building contractors, service technicians, and other business-related visitors to the property. Property owners have a legal duty of care to maintain safe premises for these guests.
• Licensee: Licensees are individuals who enter the property for their own purposes, like salespeople and social guests. If someone wasn't forbidden from the property but wasn't necessarily invited by the owner, they are a licensee. They may also generally sue if they are injured, though property owners do not have to provide the same level of safe premises as they do for invitees.
• Trespasser: Someone who does not have a property owner's express or implied permission may still sue in the state of Florida if there is a clear failure to warn people, especially children, of known hazards (known as an "attractive nuisance"), such as a swimming pool or an open quarry or mine where someone could easily slip and fall. In many cases, however, adult trespassers waive their premises liability rights, as property owners do not owe adult trespassers a duty of care.

It's not always as clear-cut as it seems. If you went to a party on someone's property as the friend of an invited guest – but the host themselves didn't know you were coming – it probably means you were a licensee and not a social invitee. That distinction could be the difference between winning and losing your slip-and-fall case.

Still not sure if you have a slip and fall claim? Our team at Kemp Law can review your circumstances at no cost to you and advise you of your rights and legal options, including whether you have a strong claim.

Can You File a Claim if You Were Partially at Fault?

What if you were partially to blame for your own injuries? Don't let this deter you from pursuing compensation! Florida follows a modified comparative negligence rule, which means you can sue for damages even if you were partially at fault.

How Modified Comparative Negligence Works in Florida

Under Florida's modified comparative negligence system:

• If you are 50% or less at fault, you may still recover damages; however, your compensation will be reduced by your percentage of fault
• If you are more than 50% at fault, you are barred from receiving any compensation

This means if you were only 10% at fault and awarded $1 million in damages, you would receive $900,000. Even with partial fault, pursuing compensation can still be worthwhile.

How Attorneys Counter Fault Arguments

Property owners and insurance companies often try to shift blame to injured parties. Here's how attorneys work to secure fair compensation:

Investigating the Accident Thoroughly

• Reviewing surveillance footage, witness statements, and maintenance records to determine liability
• Examining whether the property owner failed to address known hazards

Challenging Fault Assignments

• Arguing that the property owner had a greater responsibility to maintain safe conditions
• Demonstrating that hazards were not properly marked or repaired

Negotiating with Insurance Companies

• Presenting strong evidence to counteract claims that you were primarily responsible
• Highlighting the severity of injuries and long-term impact to maximize compensation

Calculating Full Damages

• Seeking compensation for medical expenses, lost wages, pain and suffering, and ongoing care needs
• Ensuring settlement offers account for both current and future financial impacts

Even if you were partially at fault, the property owner might still be liable if they failed to address dangerous conditions. Wet floors, uneven surfaces, poor lighting, and lack of warning signs can all contribute to their responsibility.

How Can I Strengthen My Slip and Fall Case?

Building a strong slip-and-fall case requires thorough documentation and legal guidance. The hours and days immediately following the incident are the best time to gather the evidence you'll need to succeed with a claim. As time passes, memories will fade, and some documentation could be lost.

There are several things you can do to protect your rights and ability to recover compensation.

After suffering injuries in a slip and fall incident, you should make every effort to:

1. Photograph the scene: Using your smartphone, capture the hazard and any visible injuries immediately after the incident. Additionally, make a note of any security cameras that may have filmed the accident. Document the area with as much detail as possible.
2. Report the incident: Notify the property owner or manager before leaving the scene. Request a copy of the incident report and any security camera footage. Remain at the scene of the accident, provided that it is safe.
3. Seek medical attention: Get a full medical evaluation as soon as you can after the incident. First, call 911 or ask someone to do so if needed. Medical records serve as crucial evidence in proving the extent of your injuries and linking them to the accident. Prompt treatment ensures that injuries are documented and treated effectively.
4. Save all documentation: Keep all paperwork you receive related to the incident, including medical bills, health records, and doctors' recommendations for future care. Track other things related to your injuries, like lost wages and your ongoing pain and emotional suffering.
5. Avoid giving statements to insurers alone: Insurance companies may attempt to minimize your claim. Do not admit fault or make statements that could be used against you during negotiations.
6. Consult a lawyer: Our legal professionals at Kemp Law can help you navigate Florida's premises liability laws and counter the property owner's defenses. Contact a Florida personal injury attorney as soon as possible—one who is experienced with slip-and-fall cases and knows what it takes to win them.

How Long Do I Have to File a Slip and Fall Lawsuit in Florida?

The statute of limitations determines the deadline for filing a personal injury lawsuit. Florida law requires you to take legal action within two years from the date of the slip and fall accident. Missing this deadline will likely result in your losing your right to pursue compensation for damages, which is why you shouldn't wait to discuss your case with our Florida slip and fall attorneys.

Why Acting Quickly Matters

Florida's statute of limitations was recently reduced from four years to two years for personal injury claims, making it more important than ever to act quickly. Even if you have time to file, waiting too long can weaken your case. Important evidence can fade, witnesses may forget details, and insurance companies may challenge delayed claims. The sooner you reach out, the sooner we can get to work on preserving evidence, building your claim, and getting you the help you need and deserve.

What Compensation Can I Recover in a Florida Slip and Fall Lawsuit?

A slip and fall lawsuit allows you to seek compensation for both economic and non-economic damages. Economic damages include tangible losses that can be measured and backed by documented evidence, such as receipts or pay stubs. Non-economic damages, on the other hand, address intangible losses that can be more challenging to quantify.

We can fight to get you just compensation for many types of losses, including:

• Medical expenses
• Lost income
• Lost earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

The average cost of a slip and fall injury in Florida is between $20,000 and $48,000, but serious injuries can result in far greater expenses, especially if you have to miss work due to your injury or face permanent disabilities.

Our Florida slip and fall lawyers can help present compelling evidence that highlights the physical, emotional, and financial impacts of your injuries. Our goal is to help you recover every dollar you are entitled to under the law.

Slip and Fall Accidents and Older Adults

As we age, our likelihood of experiencing a slip and fall injury increases. Our bodies grow more brittle over the years, and we may develop mobility or vision issues that make us more prone to tripping, slipping, falling, and being knocked over by moving objects.

Important Statistics About Falls and Aging

• People over age 65 account for 88% of all falls in Florida
• Falls are the leading cause of workplace injuries for people over 55
• Falls are the second leading cause of brain and spinal injuries for people over 65
• About 40% of all nursing home admissions take place after a fall
• Of all U.S. citizens over age 65, one in three will experience a fall, and half of those will experience more than one fall
• Each year, over 15,000 people older than age 65 die from falls
• For people older than age 85, falls are the leading cause of death

Nursing Home Safety Concerns

Twenty-four percent of all fall-related deaths in Florida's over-65 population happen in nursing homes. According to investigations, 87% of Florida's nursing homes don't get the top rating during their health inspections. Inside nursing homes, about 60% of patients/residents will experience a fall.

Florida's safest nursing homes are full of safety features like cushioned surfaces, grab bars and safety rails, frequent inspection of flooring and potential tripping hazards, easily available walkers and other mobility aids, and standard safe heights for beds, chairs, and toilets.

If your family is looking into nursing homes for a family member, always check the facility's official safety ratings before deciding. Don't be afraid to ask staff for specifics, like the number of slip-and-fall injuries at their location. Your smart thinking could save a loved one from serious injury or losing their life.

Why Choose Kemp Law for Your Slip and Fall Case?

At Kemp Law, we understand that dealing with the aftermath of a slip and fall accident can be overwhelming. Our dedicated team is not just well-versed in Florida law; we are also committed to providing personalized support throughout your legal journey. With a track record of successful settlements and verdicts for our clients in Trinity and the surrounding areas, we offer you the experience and dedication you need on your side.

Here are several reasons why Kemp Law should be your first choice for slip and fall representation:

• Tailored Legal Strategies: We recognize that each case is unique. Our attorneys will develop a customized legal strategy designed to fit your specific situation, maximizing your chances of a favorable outcome.
• Proven Results: Our extensive experience in slip and fall cases means we know what it takes to win. We have obtained millions in compensation for our clients, ensuring they get the support they deserve.
• Transparent Communication: We believe in keeping our clients informed. You'll receive regular updates on your case's progress and will have direct access to your attorney for any questions or concerns.
• Contingency Fee Basis: You don't pay us unless we win your case. This means we are motivated to achieve the best possible results for you without adding financial stress to your recovery process. You pay us only if we win in injury cases.
• Compassionate Support: Beyond legal expertise, we offer empathetic support during what can be a challenging time. Our team is here to listen and help you navigate through the legal complexities. We believe you should only have to work on getting well, while we worry about using the justice system to protect your rights.

Choosing the right attorney can make all the difference in the outcome of your case. Contact Kemp Law today for a free consultation and let us help you fight for the compensation you deserve.

Contact Our Florida Slip and Fall Attorneys Today

If you or someone you love was recently injured in a slip and fall, we provide the advocacy you deserve. Regardless of the reason for your injury, if someone else caused it, the only way you can recover from your medical bills and other losses is through a personal injury claim.

Call (727) 788-6792 or contact us online to discuss your legal options. We are available 24/7 for a free consultation.