Florida Slip and Fall Injury Attorneys

Slip and Fall FAQs

Slip and fall cases tend to garner a lot of attention in the media, and with good reason. A great number of injuries occur in this manner in the homes, restaurants, stores and public spaces of this country each year. Here in Jacksonville, many thousands of people are injured in falls annually, and litigation is the common result when those injuries prove expensive and intrusive. Because such cases are so common, clients often come to us with questions, including:

What is a slip and fall?

A slip and fall is defined exactly as it sounds: a falling injury that occurred on the premises of another party. Falls such as these can be minor or quite serious depending on the circumstances, with extreme examples resulting in back and neck injuries, traumatic brain injury, broken bones, and paralysis. Typically they are caused by an unseen obstruction or obstacle of some kind, including:

• Spilled liquid
• Ice
• Unmarked holes
• Broken stairs
• Uneven ground

Who is liable for my injuries?

This is the key question, as Florida slip and fall cases tend to turn on the question of fault. Florida law gets a bit more complex at this point as it designates different types of visitors who may be involved in such an accident. Business licensees are people invited to do business, such as customers in a store or restaurant. Invitees are social guests and visitors. For each of these categories, the property owner is required to exercise reasonable care in the property's upkeep, or to warn visitors if there is a hazard. Failure to do either one of these things can result in an injury and leave the property owner liable for a slip and fall premises liability lawsuit.

Trespassers, on the other hand, generally shoulder more of the liability if they are injured on someone else's property. This only stands to reason, of course, as no one would expect a property owner to prepare for visitors he never knew were coming. A notable exception to this rule is children: if the property is known to attract young visitors unannounced, the owner must exercise some care to keep the place as safe as possible.

What is comparative fault?

All of these definitions feed into the question of comparative fault. Florida law is clear that not every slip and fall case has just one liable party – many people have rightly argued that the fault can be shared between the owner and the visitor. For instance, stairs that do not have a handrail may be considered hazardous to older people, but one could reasonably argue that such visitors shouldn't take the stairs at all if they cannot safely traverse them. Comparative fault assigns a percentage to each party for the damages based on relative responsibility – 90/10, 75/25, etc.

Here at Farah and Farah, we can help you understand and win slip and fall cases of every type. Please don't hesitate to contact the Jacksonville slip and fall attorneys of Farah and Farah today if you want to learn more about fault, liability, damages and how best to recover the full and fair amount you deserve.