Fort Lauderdale Slip and Fall Attorney

Home » Fort Lauderdale Personal Injury » Fort Lauderdale Slip and Fall Accidents

Fort Lauderdale slip and fall lawyerSlips and falls in Fort Lauderdale, Florida, can be extremely traumatic. These types of accidents can result in serious injuries and leave you in serious pain. They can also cost you a lot of money in medical bills and might even cause you not to be able to work, which can be very stressful for you and your family.

But if the accident was the result of negligence on the part of a property owner or manager, an experienced Fort Lauderdale slip and fall lawyer will help you make sense of the process and be on your side every step of the way.

There are all kinds of potential hazards that you could come across every day in Fort Lauderdale, which could cause you to slip and fall while going about your business. For example, you could trip on a cracked sidewalk outside Coral Ridge Mall on your way to do some shopping.

Perhaps you’re heading back to the B Ocean Resort from a sightseeing tour on the Jungle Queen Riverboat when you slip because of a broken handrail. Or, you could be on your way to Sunny Side Up Market when you trip on a pothole in a public parking lot.

Whatever the circumstances of your accident, a skilled and experienced slip and fall attorney will help you navigate the legal system and win the compensation you deserve. It won’t heal your injuries, but it will get you justice and provide some extra peace of mind for you and your family.

How Often Do Slip and Fall Accident Occur in Fort Lauderdale, Florida?

Slip and fall accidents continue to be a significant concern in Broward County, with 2023 statistics illustrating the urgency of this issue. According to the Florida Department of Health, there were 46,720 emergency department visits due to non-fatal unintentional falls in Broward County, which translates to an age-adjusted rate of 2,169.8 per 100,000 population.

This figure underscores the prevalence of slip and fall incidents in the region, drawing attention to the need for heightened safety measures across various environments.

When we look at the broader state of Florida, the total number of emergency department visits for similar incidents reached 633,810, resulting in an overall state rate of 2,501.7 per 100,000 population. Comparatively, Broward County’s rate, while lower than the state average, indicates that these accidents are still a critical concern for local residents.

To provide a clearer context, here are some key statistics from recent years:

  • 2022: 42,923 visits in Broward, with a rate of 2,057.0
  • 2021: 38,392 visits, translating to a rate of 1,849.7
  • 2020: 34,202 visits at a rate of 1,640.6

The increasing trend in the number of slip and fall incidents over the years emphasizes the ongoing risks that residents face. For example, between 2018 and 2023, Broward County saw an uptick in slip and fall accidents, with the highest recorded visits in 2019 at 47,607, showcasing the significant impact of these accidents on public health.

These incidents can occur in a variety of settings, including residential properties, workplaces, and public spaces like shopping centers and parks. Property owners have a legal obligation to maintain safe conditions; failure to do so can result in severe injuries to unsuspecting individuals. Common injuries resulting from slip and falls include fractures, sprains, and head trauma, which can lead to long-term complications.

If you or a loved one has experienced a slip and fall accident in Broward County,  it’s vital to seek legal representation. An experienced Fort Lauderdale slip and fall lawyer can provide the expertise needed to navigate your case effectively.

At Schilling & Silvers Personal Injury & Car Accident Lawyers, our legal team is ready to assist you. We understand the complexities involved in slip and fall claims and will work diligently to ensure you receive the compensation you deserve.

For personalized legal advice and to discuss your options, contact us today and let us help you pursue the justice you deserve.

What Are Some Causes of Slip and Fall Accidents in Fort Lauderdale, Florida?

There are a number of causes of slip, trip, and fall accidents in Broward County. These include:

  • Tripping hazards. These vary widely but can include cracked or uneven sidewalks, potholes, loose carpets, ropes, electrical cords, and more.
  • Slippery floors. Over 50% of slip and fall accidents are caused by slippery walking surfaces, according to estimates by the National Floor Safety Institute. This could be a floor that has recently been mopped or waxed, and no warning signs have been displayed. Or, it could be a spillage, such as oil or grease, that hasn’t been cleaned. It might even be a sandy surface.
  • Absent or broken handrails. Handrails are important for balance and support when we’re walking up or down stairs or ramps. If the handrail is missing, loose, or broken, this can be a major cause of falls.
  • Inadequate lighting. If you can’t see properly, it’s very easy to fall on an uneven surface or a tripping hazard. Many surfaces that are completely safe in daylight turn into hazards if they’re not sufficiently lit after dark. It’s down to the property owner to provide proper lighting for any dark areas.
  • Unsafe working practices. Many slips and falls happen at work because employers haven’t taken sufficient care to make everything safe or provide proper training. These types of accidents are particularly prevalent on construction sites. If you’re injured as a result of a slip or fall at work, you might be able to claim workers’ compensation or damages.

If any of these incidents have happened to you, it might be time to seek the advice of a Fort Lauderdale slip and fall attorney who can advise you of the next steps to take.

What is The Difference Between a Slip and Fall vs a Trip and Fall Accident?

Understanding the distinction between slip and fall accidents and trip and fall accidents is essential for anyone navigating these incidents.

A slip and fall accident occurs when an individual loses their footing due to a slippery surface. Common causes include wet floors, ice, spilled liquids, or oily surfaces. These accidents often happen in environments such as grocery stores, restaurants, or public areas where spills may go unnoticed.

In contrast, a trip and fall accident happens when someone stumbles over an obstruction or an uneven surface. This could involve defects like potholes, loose floorboards, bunched-up carpets, or cracks in sidewalks. Such hazards can be present in various settings, including residential homes, workplaces, and public venues.

Both types of accidents can lead to serious injuries, permanent disabilities, and even fatalities. According to the Centers for Disease Control and Prevention (CDC), falls are a leading cause of both fatal and non-fatal injuries among the elderly, highlighting the importance of maintaining safe environments to prevent these incidents.

Recognizing these differences not only informs individuals about the nature of their accidents but also plays a crucial role in determining liability. Property owners can be held responsible for slip and fall accidents if they fail to maintain safe conditions.

Conversely, liability in trip and fall cases often depends on whether the property owner took reasonable steps to mitigate hazards.

If you’ve been involved in a slip and fall on another person’s property, consulting a Fort Lauderdale slip and fall accident lawyer can be beneficial. A knowledgeable attorney can help you navigate the complexities of your case and work towards obtaining the compensation you deserve. 

Liability and Property Owners’ Responsibilities in Fort Lauderdale Slip and Fall Cases

If you’ve been injured in a slip and fall accident in Fort Lauderdale, it’s important to understand the law in Florida so you can make a case if your accident was caused by other people’s negligence.

Florida premises liability laws state that it’s the owner’s responsibility to maintain their property in a safe condition for all guests and the public — for example, by putting out warning signs if there is a known hazard. It’s the property owner’s fault if this is not done.

Florida building code laws state that all surfaces have to have sufficient slip resistance and meet minimum friction coefficient standards.

Florida negligence laws make it clear that the property owner or operator is legally responsible if they caused dangerous conditions or failed to make a hazard safe if they knew about it — but you’ll need to prove it. There are a number of criteria you or your slip and fall lawyer in Fort Lauderdale will need to meet in order to claim negligence:

  • The property owner knew about the hazard or should have known about it because it had been there for some time.
  • The property owner failed to give the public a reasonable warning about the hazard.
  • The property owner knowingly failed to fix or remove the hazard.

Florida law defines unsafe conditions as the presence of an unreasonable risk of harm, with no way of a person knowing about this risk. These cases can be very difficult to prove, so it’s important to contact an experienced Fort Lauderdale personal injury lawyer who can negotiate with insurers for you.

A Deeper Look at Premises Liability Laws in Florida

Premises liability claims occur when someone is injured because a property owner or operator has failed to maintain a hazard-free property and someone has been injured as a result. If this has happened to you and you want to make a premises liability claim, you’ll have to prove that:

  • The property owner owed you a duty of care.
  • The property owner failed to maintain or operate the property with reasonable care.
  • You were injured as a result of the property owner’s negligence.

If your slip and fall happened as the result of a transitory foreign substance being present, you or your Fort Lauderdale slip and fall accident lawyer will need to meet the criteria stated in Florida Statutes 768-0755. Either the substance must have been there for long enough that the property owner should have known about it or the condition occurred regularly and, therefore, the accident was foreseeable and preventable.

If you’re making a premises liability claim, you’ll also need to prove which type of visitor to the property you were when the accident happened. According to Florida personal injury law, there are three different types of visitors to a property:

  • Invitee. This is someone who has been invited to the property, or an invitation has been implied, or who is there doing business that both parties want. This could be a customer in a store or a tradesperson doing a job in someone’s home, for example. In these cases, the property owner has the highest duty of care, including inspecting the property regularly, posting warnings of any hazards, and repairing them as quickly as possible.
  • Licensee. This is someone who visits or stays at a property, such as a family member or friend. In these cases, the property owner has a duty to warn the licensee of any known safety hazards and/or fix them.
  • Trespasser. This is someone who enters a property without the property owner agreeing to it or knowing about it. The duty of care here is that the property owner should not have intentionally created unsafe conditions.

An extra-special duty of care is owed to children. Florida law has a component known as the attractive nuisance doctrine, which requires property owners to safeguard any potentially dangerous areas or objects on their property that children might want to play with or around. This includes swimming pools, site equipment, or anything else that might attract a child’s attention.

There are three different types of damages you might be eligible for in a slip and fall accident claim:

  • Economic damages. These cover specific expenses such as medical bills, loss of earnings, or loss of future potential for earnings.
  • Non-economic damages. These cover pain and suffering caused by the accident.
  • Punitive damages. These are used as a punishment for the defendant if the case is particularly bad.

It’s also important to know that you may not be dealing with just one defendant. Sometimes, responsibility can be split between different property owners and operators — for example, if you had a fall on a property that was being managed by a third-party service provider.

What is Florida’s Slip and Fall Statute?

In Florida, the statute of limitations for filing a slip and fall claim is set at two years from the date of the accident. This means that victims have a limited timeframe to pursue legal action in order to recover damages for their injuries.

According to Florida Statutes section 95.11(5)(a), if you fail to file your claim within this two-year window, you may forfeit your right to seek compensation entirely.

It’s important to recognize that while you may suffer similar injuries in various accidents, the rules governing slip and fall cases differ significantly. To succeed in a slip and fall claim, you must demonstrate that negligence occurred.

Negligence is defined as a failure to act with the reasonable care that a prudent individual would exercise in a similar situation. This can arise when a property owner fails to maintain safe conditions, leading to hazardous environments for visitors.

Being aware of this two-year timeframe is crucial for anyone involved in a slip and fall accident. Prompt action can mean the difference between receiving the compensation you deserve and encountering legal obstacles that hinder your recovery efforts.

What If The Slip and Fall Happened on Government Property?

Experiencing a slip and fall accident on government property can be particularly challenging due to the unique legal protections afforded to governmental entities. In Florida, claims against state or local governments are governed by the Tort Claims Act (Torts § 768.28), which establishes specific procedures and limitations for filing claims against these entities.

Under the Tort Claims Act, individuals must submit a formal notice of claim to the relevant governmental agency within a designated timeframe. This requirement means that if you fail to follow these procedures, you may lose your right to seek compensation for your injuries.

If you find yourself injured in a slip and fall incident on government property, don’t hesitate to consult with an experienced slip and fall lawyer in Fort Lauderdale, Florida. They can navigate the complexities of your case and help ensure that your rights are protected. 

Do I Need a Lawyer After a Trip, Slip, or Fall Accident in Fort Lauderdale?

Most slip and fall accidents are preventable, as they’re caused by negligence and poor business practices. However, most property owners don’t see things that way. They’ll try and blame the victim rather than take responsibility themselves. It will be up to you to prove that your accident was caused by their negligence — and this can be difficult to do.

As we’ve seen, there are a lot of criteria your accident will have to meet in order for your claim to be valid. And, of course, the property owner will try to evade responsibility. For example, they’ll argue that the hazard was so obvious you should have seen it or that it hadn’t been there long enough for them to notice it or put out warning signs.

You’ll also likely be dealing with the property owner’s insurance company, who may try to argue that your injuries are less severe than they really are. This can be traumatic and frustrating for you as the victim.

For these reasons, it’s inadvisable to represent yourself in these cases if you don’t have experience. You need an expert slip and fall lawyer to gather evidence, put your case together, and present the facts in a professional and compelling way so you can get the compensation you deserve.

How Schilling & Silvers Personal Injury & Car Accident Lawyers Can Help After Your Accident

At Schilling & Silvers Personal Injury & Car Accident Lawyers, our team is well-versed in the complexities of slip and fall accidents and is dedicated to offering compassionate and knowledgeable legal support to our clients. Whether your injury occurred in a public space or on private property, our skilled attorneys are here to assist you in navigating the legal process effectively.

Here’s how we will handle your slip and fall case from start to finish:

  • Free Initial Consultation: We offer a complimentary consultation to review your case in detail. During this session, we’ll provide insights into your legal options without any obligation or cost to you.
  • Independent Investigation: To succeed in your claim, it’s crucial to establish negligence. We will conduct a thorough investigation to collect evidence, ensuring your case is built on solid ground.
  • Identifying Compensation Sources: Many accident victims are unaware of the full extent of compensation they may be entitled to. Our team will pinpoint all potential sources of compensation and advocate for the full amount you deserve.
  • Documenting Damages: It’s essential not only to demonstrate negligence but also to prove the damages you’ve suffered. We will gather medical records, pay stubs, and other critical evidence to substantiate your losses.
  • Collaborating with Experts: We have a robust network of professionals, including medical specialists and accident reconstruction experts, who will support your claim and enhance its credibility.
  • Aggressive Negotiation: Insurance companies often attempt to minimize payouts. Our team will negotiate assertively on your behalf to secure the fair settlement you rightfully deserve.
  • Trial Representation: If necessary, we are prepared to take your case to trial, fighting tirelessly to ensure you receive just compensation when insurers refuse to settle fairly.

These are just a few of the ways our legal team can assist you with your claim. Trust our dedicated team to manage every detail of your case, allowing you to focus on your recovery. If you or a loved one has experienced a slip and fall accident reach out to our law firm for expert guidance and support during this challenging time.

How Does Compensation Work in Fort Lauderdale Slip and Fall Claims?

The amount of compensation you receive will depend on the types of damages you are awarded. There are a number of types of damages you may receive after a slip and fall accident in Fort Lauderdale:

  • Medical bills. These include the costs of all medical treatment related to your accident, whether in the past or the future. They also include doctor’s appointments, medication, and any medical equipment you need as a result of your accident.
  • Loss of wages. This can cover wages you’ve already lost as a result of not being able to work due to your accident. It can also cover lost earnings or earning potential for the future if you’re no longer able to work or do the same type of work you did before.
  • Pain and suffering. This includes the mental and emotional distress you’ve suffered as a result of your accident. This can be the hardest part of your claim to prove.

The amount of compensation you receive will also depend on whose fault the accident is judged to be. Florida is a comparative negligence state, which means your case will be heard by a jury. They will decide how much of the blame for the accident should go to each party. If the accident is judged to be partly your fault, your compensation will be reduced by the percentage of the fault that the jury decides is yours.

So if, for example, you were messaging on your phone while walking and failed to notice a pothole as a result, the jury might decide you are partly at fault for the accident, so you wouldn’t receive full compensation.

How Is “Pain and Suffering” Calculated in a Slip and Fall Claim in Fort Lauderdale?

“Pain and suffering” damages are based on the fact that your accident has caused you mental and emotional distress. Obviously, these things are harder to prove than physical injuries because they may not be on your medical records.

An example of pain and suffering might be that your mental health has suffered because you can no longer lift your children or play the sports you used to enjoy.

To prove pain and suffering, you’ll need witnesses who can testify that your quality of life has been affected by your accident and this has caused you mental and emotional anguish. It can help if you have sought professional psychological support following your accident. It also helps if you contact an experienced slip and fall attorney in Fort Lauderdale who can help you prove pain and suffering and achieve the compensation you deserve for the way your accident has impacted your life.

What Should I Do Immediately After a Slip, Trip, or Fall Accident in Fort Lauderdale?

If you are involved in a slip and fall accident, there are some important things that you should do to protect your rights. First, you must seek medical attention as soon as possible. Even if you do not think that you are seriously injured, it is always better to be safe than sorry.

Next, you should take photos of the accident scene. This can help prove how the accident happened and who was at fault. Also, be sure to get the contact information of any witnesses to the accident.

Finally, you mustn’t give a statement to either the insurance company or the property owner. Anything that you say could be used against you later. Instead, contact an experienced attorney who can help protect your rights and get the compensation you deserve.

Fort Lauderdale, Florida

Fort Lauderdale, Florida is a coastal city in the southeast of the state, known for its warm climate and beautiful beaches. In addition to the attractions of the weather and the physical geography, the city is also famous as a leisure destination, with a wide variety of culture, shopping, dining, and events. The Strip is a particularly popular destination with locals and travelers alike, with its luxurious restaurants, hotels, and boutiques.

While you’re here, you might also like to visit Bonnet House Museum and Gardens, or sports fans might prefer the International Swimming Hall of Fame. And, of course, no visit would be complete without a gondola ride on the canals — Fort Lauderdale isn’t known as the Venice of America for nothing!

However, if you suffer a slip and fall accident, this can really take the shine off your Fort Lauderdale visit. If this happens to you, there are a number of excellent practitioners or places you can visit to help ease your pain. These include:

  • Dr. Christiana Marron (physical therapy). With a tailored approach to every client, Dr. Marron spends significant time with you in order to work out an individual treatment plan. She specializes in physical therapy for all ages.
  • Santiso Physical Therapy. Focusing on physical therapy and sports medicine, Santiso Physical Therapy offers a range of treatments in order to help you return to a pain-free lifestyle.
  • Manor Medical Center. With a dedicated team of experienced medical professionals, Manor Medical Center offers personalized treatments and preventative therapies.

Knowledgeable Personal Injury Attorneys in Fort Lauderdale

We hope you never suffer a slip and fall accident. However, if you do, we’re here for you, and we’ll fight to get you the compensation you deserve.

Our highly experienced team of Fort Lauderdale slip and fall lawyers will put together the best possible case so you can get justice, whatever injuries, pain, and suffering you’ve been through. So if you slip, trip, or fall in Fort Lauderdale, don’t hesitate — contact us for all the support you need.

Call the law offices at Schilling & Silvers Personal Injury & Car Accident Lawyers today to schedule a free consultation with one of our experienced slip and fall accident attorneys. We will review your case and help.

In addition to Fort Lauderdale, our attorneys also serve Hialeah, Hollywood, Pompano Beach, Miami, Weston, Plantation, and more. To learn more about how we’ve helped our clients go here to see some of our Fort Lauderdale client testimonials.

Slip and Fall Accident Infographic

slip and fall infographic fort lauderdale florida