Tampa Slip and Fall Attorneys
Homeowners and businesses are responsible for keeping their grounds free from hazards. If you’ve suffered a slip and fall in Florida and were seriously injured, you deserve to be compensated for your injuries. Contact our Tampa Slip and Fall Attorneys today for a free consultation.
Often times people under on the misconception that just because they fell in a store, or at a business, the store is automatically responsible for their fall and for their injuries. That is not true.
In order to have a bodily injury claim from a slip and fall incident in Florida, you have to prove some carelessness or negligence on the part of the business. To have a good slip and fall claim, our Tampa Slip and Fall Attorneys have to prove there was a dangerous condition in the building that the business owner was aware of prior to the incident, or that the business owner should have been aware of. Once you seek medical attention for your slip and fall injuries, it is very important to promptly contact and retain our experienced personal injury lawyers.
Store Surveillance Tapes
Often times after a fall it’s important to contact the store in order to get a copy of any surveillance video or any video that may show that you’ve fallen. That’s why it’s extremely important to contact our Tampa Slip and Fall Attorneys promptly so that any evidences is not spoiled, so the claim or that request can go out very promptly. Often times the store’s surveillance tapes are taped over or that the tapes are not kept for a very long period of time so you should promptly contact our Tampa Slip and Fall Attorneys so that we can send out a spoliation letter and get that store’s surveillance tape which may be very important in pursuing your claim.
Frequently Asked Questions About Slip and Fall Injury Claims
Understanding Slip and Fall Claims
- The first thing to understand is that you’re basically looking to be compensated through the negligent individual’s insurance. They will very likely have liability insurance either under a general liability policy if it’s a store or under a homeowner’s or renter’s policy if it’s a residential place where the fall occurred.The key thing to remember is that there are basically two types of damages. These are what we call economic damages, like medical bills, any wage loss you have, and that’s both in the past and the future.There’s also non-economic damages, which are things like pain and suffering, mental anguish, inconvenience of running back and forth to the doctor, disability or impairment, or loss of the ability to enjoy life’s pleasures.
Steps to Take After a Slip and Fall
Slip and fall accidents are one of the more difficult claims that an attorney can prosecute. The reason is that in effect you are saying that there was a dangerous condition that would or should’ve been obvious to the landowner that should’ve been corrected. Unfortunately, the comeback to that point of view is if the defect or the problem was so obvious and so visible, why didn’t the person that was injured see it and avoid it?
If you are involved in a slip and fall accident, there’s several things that you need to do that are very important. The first thing you should do is ascertain on what you slipped and fell. Was it water? Was it coffee? What was the substance that you fell on? You want to discern on what you slipped and fell.
If you’re involved in a slip and fall accident, you want to first, if possible, take photographs of the scene of the accident, and that can be done on your cellphone. You want to find out if there are any witnesses, and if there are, you want to get their names, addresses, and phone numbers. You want to give notice to the store or the property on which you fell. If there is a report that’s done, you want to get a copy of the report. Lastly and probably most importantly, you want to contact an attorney early on because he may need to get an expert involved to look at the information property.
Is the Store Automatically Responsible for My Slip and Fall?
- Oftentimes people are under the misperception that just because you fell in a store or at a business that the store or business is responsible for your fall, and that is not true. You have to prove some carelessness or negligence on the part of the business or some dangerous condition in the building that the business owner was aware of priors. That’s why it’s very important to promptly contact and retain an attorney familiar with premises liability law.
Can I Make a Claim for a Slip and Fall Due to Rain Water at a Store?
- In Florida, we have afternoon rains which can be tracked in to a grocery store by patrons walking into the store or by bringing carts into the store that have been out in the rain. This is something that the store and its employees are aware of and they should take all necessary means in order to safeguard their patrons.
I Slipped at Store Because of a Leaky Cooler, Do I have a Claim?
- The employees have created the dangerous condition upon which you are injured. In those type of cases it is not as important to prove where the dangerous condition came from, because the store or its employees actually caused the dangerous condition.
Can I File Suit if I Slipped on a Wet Floor at a Store?
- One of the things that’s very important is to prove that the store and its employees had noticed the water or whatever substance is on the floor. Actual notice would mean that they knew that it was there and hadn’t yet cleaned it up or had done an inadequate job.
Slip and Fall on an Unsafe Sidewalk
- If there’s a dangerous condition that’s not open and obvious, you may have a claim against the municipality or the county. Those two entities are governmental entities, so they’re considered sovereigns, which means that there are limitations on your recoverable damages, $200,000 per individual, $300,000 for you and your spouse, and there are certain requirements that you have to give notice to the governmental entity before filing suit.
How Can I Obtain the Store’s Surveillance Tapes?
- Oftentimes after a fall it’s important to contact the store in order to get a copy of any surveillance video or any video that may show that you’ve fallen. That’s why it’s extremely important to contact the lawyer promptly so that that evidences is not spoiled. Oftentimes the store’s surveillance tapes are taped over or that the tapes are not kept for a very long period of time so you should promptly contact an attorney so that he can send out a spoliation letter and get that store’s surveillance tape which will be very important in pursuing your claim.
Can the Store Deny Liability for My Slip and Fall Injury?
- After a slip and fall in a grocery store, the managers of the store will claim they had no knowledge of the substance being on the floor and that’s something that needs to be promptly investigated. We will request store surveillance video and we’ll be able to see how long the hazard remained. At that point we can start pursuing your claim for a slip and fall.
Who Pays for My Medical Bills?
- Commercial businesses and buildings may have Medical Payments Coverage which provides benefits that will pay for your treatment. These benefits pay up to a certain time and money limit, regardless of whether you can prove responsibility of the owner or employees of the business.
If you have been a victim of a Slip and Fall Injury in Florida, contact our experienced Tampa Slip and Fall Attorneys to fight for you!
Our Tampa Slip and Fall Attorneys perform an extensive investigation to preserve evidence and provide the expert witnesses necessary to win your case. Our firm is ready to take on the insurance companies and fully litigate your interests if we are not able to resolve your personal injury matter out of court.
Morgenstern and Herd have achieved an AV® Preeminent™ Martindale-Hubbell® Peer Review RatingSM—a distinction signifying the highest quality legal work, professionalism, and ethical standards.