Fighting for the rights of Tampa slip and fall victims after an accident caused by a property owner’s negligence

Taking a fall can be just as traumatic as being in a car crash. While falls are a leading cause of fatal and nonfatal injuries among older adults, the reality is that slip and fall accidents happen to all of us from time to time, regardless of age, balance, or physical ability. 

Sometimes, a slip and fall is just an unfortunate accident in which our feet somehow get in the way of each other. Other times, the fall could have been prevented and should not be seen as an unavoidable “accident.” 

From a wet hallway leading to a hotel’s indoor pool to a poorly lit stairwell in a restaurant, slip and falls are often not the fault of the victim but, rather, the business owner. In many cases, the premises owner should be held accountable, which is when an experienced lawyer becomes invaluable. 

Why choose our Tampa slip and fall attorneys?

The knowledgeable attorneys at Palmer Lopez can guide you through the complexities of Florida’s slip and fall laws to secure the compensation you deserve. Here’s how we can help:

• Personalized attention. Experience the difference with Palmer Lopez, where your story is heard, your situation understood, and your recovery is prioritized.
• Accurate assessment of damages. Rely on our attorneys to thoroughly assess the value of your claim and expertly negotiate with insurers to maximize your compensation, ensuring full coverage for your medical bills, lost income, pain and suffering, and more.
• No fees unless we win. With our no win, no fee promise, you can pursue your slip and fall claim with confidence, knowing you won’t pay unless we secure a settlement or verdict in your favor.
• Proven track record. Trust in our proven track record of success in slip and fall cases to bring the experience and aggressive representation needed to challenge insurance companies and negligent parties.

What is the most common cause of slips, trips, and falls in Tampa?

Many of us have done it before—walked into a storefront from the rain and momentarily lost our footing in a puddle. After all, Tampa gets over 46 inches of rainfall annually. 

Tampa’s wet, humid climate can contribute to slippery conditions at restaurants, stores, front walkways, coffee shops, and other public, business, and private residences. But not all slip and falls are the result of the rain or even a wet surface. 

Below are a number of factors that can lead to slip, trip, and fall conditions:

Who is responsible for falls?

Generally, property owners or occupiers (such as businesses or homeowners) have a duty to maintain their premises in a reasonably safe condition to prevent falls. If a fall occurs due to their failure to address a known hazard or because they did not take reasonable steps to prevent a foreseeable risk, they could be held liable.

Can you sue for a slip and fall in Florida?

Yes, but as with any negligence claim, the plaintiff (injured person) carries the burden of proving liability. In other words, you can’t just allege that you were injured and recover money. Instead, you have to prove by a preponderance of the evidence that the defendant is liable.

In order to hold the property owner or business owner accountable for a slip and fall, you must prove that they had either actual or constructive knowledge that the dangerous condition existed, and they had time to remedy the problem yet failed to take action. 

In either case, you would need to prove, by a preponderance of the evidence, that the employees knew or reasonably should have known of the puddle and that, had they addressed the puddle earlier, you would not have been injured.

Keep in mind that the individual who fell may also hold some responsibility, especially if they were not paying attention or were in an area where they shouldn’t have been. In legal terms, this is often assessed under the concepts of premises liability and comparative negligence.

Defenses to slip and fall accident claims

If you file a personal injury lawsuit, you’ll likely be dealing with insurance company claims adjusters and attorneys. Their most commonly used tactic for defending slip and fall suits is to blame the victim for their own injuries. 

In these cases, insurance companies often try to make it seem like you were at least partly liable for the injuries you suffered. They can say that the dangerous condition (in our example above, the puddle) was open and obvious, and had you been paying attention, you wouldn’t have slipped and fell.

Nonetheless, the company has a duty of care to ensure that its premises are safe for invitees. If they don’t, they can be sued for negligence.

What if it was partially my fault that I fell? Can I still get compensation?

Yes, in Florida, you can still receive compensation if you were partially at fault for your fall due to the state’s modified comparative negligence rule. This rule allows you to recover damages even if you are found to be partly responsible for the accident. 

However, the amount of compensation you can receive will be reduced by your percentage of fault, and you must be less than 51% at fault to recover any compensation.

This system ensures that you can still get some compensation for your injuries and losses, even if you were partly to blame for the incident.

What is the average payout for a slip and fall in Florida?

The average payout for a slip and fall case in Florida can vary widely based on the specifics of each case, including the severity of the injury, the extent of negligence, and the total costs incurred by the victim. 

Factors influencing the payout include medical expenses, lost wages, future medical care, pain and suffering, and the degree of fault of each party involved. 

Given this variability, it’s challenging to pinpoint an exact average. If you’re involved in a slip and fall accident, your best bet is to consult with a personal injury attorney who can provide an estimate of the potential value of your case based on its unique circumstances.

Looking for the best Tampa slip and fall lawyer?

If you or a loved one has been seriously injured or killed in a slip and fall accident due to someone else’s negligence, it’s crucial to get help from an attorney with experience in these types of claims. At Palmer Lopez, our dedicated team specializes in slip and fall cases, ensuring that Tampa residents receive the skilled representation they deserve. 

We understand the unique challenges and intricacies of Florida’s slip and fall law and are committed to fighting for your rights. With Palmer Lopez, you gain a partner who is not only deeply familiar with the local legal landscape but also passionately advocates for your recovery and compensation. 

Let us take the burden off your shoulders so you can focus on healing while we focus on getting you the justice and financial support you need.

Learn more by scheduling your free consultation today.