Tampa Slip, Trip & Fall Hazard Lawyer
A slip-and-fall or trip-and-fall accident can leave you with a number of serious injuries. This means not only having to deal with potentially expensive medical bills, but also a loss of income if you are forced to take time away from your job. There may also be intangible losses as well, such as your pain and suffering as you struggle to recover from the accident.
Many falling accidents occur when the victim is lawfully on someone else’s property. If the property owner knew–or should have known of–the safety hazard that caused the victim’s injury, that owner can be held financially responsible under Florida law. The Tampa slip, trip and fall hazard lawyer at Anderson & Anderson can advise you of your rights in this situation and represent you in taking legal action against the negligent parties.
How Florida Law Affects Your Slip-and-Fall or Trip-and-Fall Claim
Where your slip, trip, and fall accident occurred matters when it comes to seeking compensation. For example, if you trip due to an unsafe condition while in your neighbor’s house, their homeowner’s insurance policy would likely cover your losses. Similarly, if your slip-and-fall occurred in a supermarket, the store’s commercial liability policy would insure the accident. And if the accident occurred due to a hazard on public property, such as a government building or sidewalk, you could file an administrative claim under the Florida Tort Claims Act.
Ultimately, you can also file a personal injury lawsuit if insurance is insufficient to fully compensate you for your losses. Going to court, however, means proving that the property owner was negligent. Florida law generally requires you to show that the owner had “actual or constructive knowledge” of the hazard that caused your slipping or tripping accident. And even if you meet that burden of proof, the property owner can turn around and potentially assert a number of defenses, including:
- you were trespassing or on a part of the property where visitors were not allowed to be when your accident occurred;
- you were not paying attention to where you were walking;
- you ignored a hazard that was “open and obvious” to anyone; or
- you ignore signage alerting you to the hazard.
Florida follows a comparative negligence rule in personal injury cases. This means that if your case goes to trial, a jury will decide if you were partially–or even completely–at fault for your accident. If you are found more than 50 percent responsible, then the negligent property owner owes you nothing for your injuries. Otherwise, any award of monetary compensation must be reduced in proportion to your share of the fault.
Contact Anderson & Anderson Today
While most slip-and-fall and trip-and-fall claims settle out of court, you must still be prepared when negotiating with property owners and their insurance companies. Your first step should be to speak with an experienced Tampa slip, trip and fall hazard lawyer. Call Anderson & Anderson today at 813-251-0072 or contact us online to schedule an initial consultation.
