Understanding Your Rights Following a Slip-and-Fall Accident

Many people don’t realize how common slip and fall accidents can be. They often result in serious injuries, which can cause daily problems, medical bills and even long-term complications. Knowing your rights is important after a slip-and-fall accident, whether it occurs in a supermarket, on the sidewalk or at a private residence. Understanding the legal issues can help you protect your rights and seek compensation for any injuries.

This guide will explain your rights after a slip-and-fall accident, what steps you should take right away, and how the compensation process works.

What is a slip and fall accident?

Slip and fall accidents occur when a person loses their balance due to hazardous conditions that are present on another’s property. Accidents can occur anywhere, in public places such as supermarkets, parks or malls as well as on private property, including workplaces and homes.

Slip and fall accidents are caused by:

• Slippery or Wet Floors
• Uneven pavement or flooring
• Poor lighting
• Rugs or mats that are loose
• Construction areas and unmarked hazards are examples of these.

If negligence is proven, the owner or manager of the property may be held liable for injuries caused by such conditions.

Understanding Premises Liability

The legal concept of premises responsibility, which makes property managers or owners responsible for the safety of visitors, applies to slip and fall cases. Liability depends on the relationship that exists between the injured person and the property owner.

In most premises liability cases, there are three types of visitors:

1. Invitees are people who have been invited to the property, for example customers of a shop. The property owner has a duty of care towards invitees. They must ensure that the premises are safe, and they should be regularly inspected to check for any hazards.
2. Licencees are individuals who have been granted permission to enter the property, either for social or non-commercial reasons. Property owners are required to warn their licensees about known hazards, but they do not have to inspect the property.
3. Property owners have no duty to care for trespassers except when children are involved or the owner has acted maliciously.

You must prove negligence in order to hold the property owner responsible for a slip-and-fall accident.

What to do after a slip and fall accident

You have certain rights if you are injured due to negligence of another person. This includes the right to compensation. These rights include:

1. Right to Medical Treatment

After an accident, your health should be the first priority. Your injuries are entitled to immediate medical attention. It’s important to have your injuries evaluated even if they seem minor. Some conditions, such as concussions and soft tissue injuries, don’t show symptoms immediately.

2. Right to report the incident

Report the accident to the owner, manager or supervisor. This creates a record of the accident that can be used to support your claim. Ask for an accident report if the incident occurred in a shop.

3. Right to collect evidence

Evidence is key to proving negligence when it comes to a slip-and-fall case. Document the scene as follows:

• Take photos or video of the hazardous conditions
• Get contact information from witnesses
• Keep copies of your medical bills and records

4. Right to Compensation

You have the right, if the negligence of the property owner caused your accident, to claim compensation. You may be entitled to compensation for:

• Medical expenses: doctor visits, surgery, medication, and rehabilitation
• Loss of Income: Lost income due to absence from work
• Pain and Suffering Compensation: Physical pain, emotional distress and reduced quality life
• Future costs: Continued medical care and loss of earning ability

5. Right to Legal Representation

It can be difficult to navigate a slip-and-fall claim, especially when dealing directly with an insurance company. It is your right to hire a lawyer to represent you and protect your rights.

What to do After a Slip-and-Fall Accident

Follow these steps as soon as possible after an accident that results in a slip-and-fall to protect your rights.

1. Get Medical Attention. Even if you are feeling fine, it is important to get checked out by a medical professional. Your claim will be supported by your medical records.
2. Report the incident: Inform the property owner, manager or security personnel. If the report is available, request a copy.
3. Document the Scene. Take pictures or videos of any visible injuries, as well as the surrounding area.
4. Gather witness information: If you see anyone who witnessed the accident, ask them for their name and contact information.
5. Keep records: Medical bills, receipts and all communications related to an accident should be saved.
6. Avoid discussing Fault: Do not admit fault as it can be used against your person.
7. Consult an Attorney: To understand your options, you should consult a lawyer if you are considering filing a claim.

How to prove liability in a slip and fall case

You must prove negligence on the part of the property owner to win a slip-and-fall claim. It is necessary to demonstrate the following:

1. Duty of care: As an invitee or a licensee, the property owner has a duty to take reasonable care.
2. Breach of duty: The owner failed either to warn you about hazards or maintain safe conditions.
3. Causation: Your slip and fall accident was directly caused by the breach.
4. Damages: You have suffered financial and physical losses.

How long do you have to file a claim?

Each state has a statute or limitations, which is a deadline to file a personal injury claim. In Florida, you have typically four years to file a suit from the date of an accident. It’s important to act fast, because evidence can disappear and witnesses become more difficult to find over time.

Last Thoughts: Protecting your Rights After a Slip-and-Fall

Slip and fall accidents can cause significant emotional, physical and financial hardships. Understanding your rights will help you take the right steps to recover and receive compensation. Knowing your rights empowers you to protect and defend yourself.

Do not hesitate to seek compensation if you have been injured by a slip-and-fall accident. Not only will you be able to recover, but taking action encourages the property owner to create a safer environment for all.

This article was written by Jeanette Secor PA Attorney at Law.

Since over 20 years, Jeanette Secor’s law firm in St. Petersburg has been the first choice of those who are seeking justice following an injury. Renowned as the slip and fall injury lawyer st. petersburgl, Jeanette Secor has a proven track record of successfully representing clients in car accidents, motorcycle accidents, and slip-and-fall incidents.