Gainesville Slip and Fall Lawyers 

Proving Negligence in a Florida Slip and Fall Case 

Like most other personal injury cases, you must prove that someone else—typically a property owner but, in some cases, another party—was negligent and that this was the cause of your injury to have a successful slip and fall claim. 

Specifically, you will likely need to prove each of the following elements of your case:  

• The defendant owed you a duty of care, meaning they had a legal responsibility to take and/or avoid specific measures to prevent foreseeable injury or harm. 
• The defendant breached/failed to uphold the duty of care, typically by acting negligently or wrongfully in some way. 
• You were injured and suffered measurable, compensable damages due to your injury. 
• The defendant’s negligent or wrongful conduct was the direct or proximate cause of your injury and resulting damages.
• You were lawfully on the property when the incident occurred (i.e., you were not trespassing). 

In Florida, property owners owe varying duties of care to different types of visitors. Generally speaking, they owe the highest duty of care to those who visit their properties for both parties' mutual (and often financial) benefit, such as a customer or client. So, if you were a customer at a restaurant, you would be owed a more significant duty of care by the property owner than someone who was not a customer but came inside to use the restaurant’s bathroom. 

Additionally, in Florida, property owners do not owe any duty of care to trespassers other than to refrain from causing intentional injury—unless the trespasser is a minor (under 18). When the trespasser is a minor, “attractive nuisance” laws may apply. 

Examples of Dangerous Property Conditions 

Most slip, trip, and fall cases involve at least one “dangerous property condition.” Generally speaking, a dangerous property condition is any condition or hazard that the property owner knows or reasonably should know that presents a risk of injury. If the property owner fails to take appropriate and adequate measures to remove, repair, or warn visitors of the dangerous property condition, they could be held liable for any accidents, injuries, or deaths resulting from it. 

Some examples of dangerous property conditions commonly involved in slip and fall accident cases include: 

• Wet floors 
• Slippery surfaces
• Uneven flooring 
• Torn carpeting 
• Cluttered walkways
• Spills and falling objects
• Improper or missing signage 
• Missing handrails 
• Defective steps 
• Unsafe stairwells 
• Loose floor mats
• Faulty stepladders 
• Parking lot defects 
• Potholes 
• Building code violations
• Poorly constructed structures 
• Environmental conditions

These and other dangerous property conditions can lead to severe slips, trips, and falls, which may, in turn, cause devastating injuries. Slip and fall victims may suffer broken bones, head injuries, brain injuries, spinal cord injuries, severe cuts and scrapes, contusions, and other life-altering injuries. Falls are a leading cause of catastrophic injury and death in the United States. 

The Role of Insurance in Slip and Fall Claims

In many slip and fall cases, the property owner’s insurance provider may be responsible for covering medical expenses, lost wages, and other damages. Understanding how insurance works in these situations is crucial to maximizing your compensation.  

1. Premises Liability Insurance: Property owners typically carry premises liability insurance, which covers accidents on their property. This insurance is intended to protect the owner from financial liability in case of accidents like slip and fall incidents. However, insurance companies are known to protect their financial interests, so they may try to minimize the payout or deny the claim altogether.
2. Working with Insurance Adjusters: Once you file a claim, an insurance adjuster will investigate the incident and evaluate the damages. While cooperating with the adjuster is essential, being cautious with your statements is vital, as they may use your words to undermine your case. It is advisable to consult with an attorney before speaking with the insurance company to ensure your rights are protected.
3. Settling vs. Going to Trial: Many slip and fall cases settle out of court. In some cases, insurance companies may offer a settlement, but this offer may not fully reflect the extent of your injuries. Your attorney can help evaluate the offer and determine if it’s fair. If a settlement is impossible, your lawyer will be prepared to take the case to trial to ensure you get the compensation you deserve.

By understanding how insurance impacts your slip and fall case, you can navigate the legal process more effectively and avoid making mistakes that could compromise your ability to recover compensation.

Contact Our Gainseville Slip and Fall Attorneys Today

If you or a loved one has been injured in a slip and fall accident in Florida, it’s crucial to understand your legal rights and options. With the guidance and experience of Schackow & Mercadante, you can pursue the compensation you deserve for your injuries and related expenses. Our team is dedicated to providing aggressive representation, ensuring your case is handled with the utmost care and attention to detail. We are committed to helping you recover from a slip and fall injury's physical, emotional, and financial toll. Contact us today for a consultation, and let us work with you to secure the best possible outcome.

If you’ve been hurt in a slip and fall accident, our Gainesville slip and fall lawyers are ready to fight for you. Contact Schackow & Mercadante today to schedule a FREE consultation!