A slip and fall accident can result in severe injuries and lots of medical care bills. If you suffered this accident on a business or residential property, you may have the right to file an insurance claim and seek damages. A Ft. Lauderdale slip and fall lawyer will help you prove your case and get the compensation you deserve.

Here are the most important facts you need to know on this topic:

Property Owners Owe You a Duty of Care

You may wonder: “on what grounds do I file a claim after a slip and fall?” The answer is in the premises liability statute in force in Florida. This statute stipulates that property owners are liable for any accident caused by a wet or slippery surface.

However, you must prove that the property owner had “constructive knowledge” of the existence of the dangerous surface. This may mean:

• The dangerous condition existed for a sufficient period of time  that any owner, acting with ordinary care, should have known about it
• The condition occurs frequently, so it should be foreseen.

Thus, if a surface gets slippery every time it rains (which happens a lot in Ft. Lauderdale), any property owner should take measures to remedy this dangerous condition as soon as it starts raining. However, if an oil bottle spills over the floor and you take a fall moments later, you may have a hard time proving that the store manager had constructive knowledge of this situation.

You Must Have a Legitimate Right to Be Present at the Property

Another important aspect of slip and fall accident claims is your status at the moment when you were at the property. Did you have a legitimate right to be there or were you trespassing?

The law offers little protection to trespassers, and the only types of duty of care property owners have are:

• Provide visible warnings of dangerous conditions on the property
• Post “no trespassing” messages
• Refrain from intentionally harming trespassers.

The only two categories of visitors protected by the premises liability law are:

• Invitees – shoppers in a store, hotel and restaurant guests, clients in business offices, dinner guests in a private home
• Licensees – postal workers, contractors performing works, people asking for directions.

The Attractive Nuisance Exception

Florida law provides an exception to the limited duty of care owed to trespassers. The attractive nuisance doctrine states that young children, due to their immaturity, are unable to grasp the concept of trespassing and the danger posed by certain items, which are of a nature to attract them

Thus, a property owner is fully liable for any injuries suffered by a child trespassing on their property due to an attractive nuisance. Examples of such items given by the law are abandoned iceboxes, refrigerators and any other airtight units which still have their door attached.

Other items which are likely to attract children and harm them are:

• Trampolines
• Swimming pools
• Unattended power tools
• Lawn mowers.

Reach out to one of our attorneys if you need to file a claim on behalf of your child.

Steps to Take after a Slip and Fall Accident

If you suffered a slip and fall, you have the burden of proof in order to file a claim successfully. This means:

• You must report the accident to the property owner immediately after your fall
• You should take photos and videos of the dangerous condition that caused your fall
• You should obtain eyewitnesses’ contact details
• You must go to the nearest hospital for treatment, even if you believe you suffered minor injuries
• You should consult with a Ft. Lauderdale slip and fall attorney as soon as possible.

You must not skip any of these steps, especially the one referring to medical attention. Many people are not able to recover damages because they delayed seeing a doctor until they started feeling pain and discomfort, several days later. Thus, they could not prove that the fall was the direct cause of their injuries.

Let a Ft. Lauderdale Slip and Fall Lawyer Evaluate Your Case

Getting compensated after a slip and fall accident is not easy if you fight your own battle. Your claim will be handled by an insurance adjuster, a skilled professional who knows how to confuse or intimidate you in giving up your legal rights.

This won’t happen with an equally skilled Ft. Lauderdale slip and fall lawyer by your side. An attorney knows how to avoid adjusters’ tactics and promote your best interests.

As a new client, we offer you a free case evaluation, so call us today at 786-686-2857!