Trip-And-Fall Accident Attorneys In Florida
Trip-and-fall accidents can happen to anyone, anywhere. Typically, this type of accident involves tripping on a hazard or obstacle and falling on a walking surface that is level, or tripping and falling on an ascent, such as on a flight of stairs or on an inclined sidewalk. People may also become injured in trip-and-fall incidents when they trip and fall to a lower elevation.
Tripping on something and falling onto the ground can be embarrassing. For many people, the natural inclination is to pretend nothing happened. However, even if you do not think you were seriously injured in the fall, it is important to notify the property owner of the potential hazard as quickly as possible. Doing so gives the property owner the chance to fix the issue before someone else is hurt. In the event you did suffer more serious injuries that may not have been immediately apparent, notifying the property owner of the incident can also be important later, should you decide to file a claim for damages.
In some cases, people who trip and fall may only suffer minor injuries or embarrassment. Unfortunately, other victims are not as fortunate. Trip-and-fall injuries can range from minor scrapes and bruises to fractured or broken bones, severe head and brain injuries, spinal cord damage, and more. These injuries can come with a high financial cost and an even higher emotional toll.
The Florida trip-and-fall attorneys at Scott Marshall Injury Attorneys represent people injured in trip-and-fall accidents. We help accident victims by handling the legal aspects of their claims and fighting to recover compensation for victims’ injuries, so they can focus on recovering.
CommonCauses And Statistics
According to statistics provided by the Centers for Disease Control and Prevention and NSC Injury Facts, unintentional falls account for a staggering 8 million visits to hospital emergency rooms each year in the United States. Sadly, unintentional falls also accounted for 44,630 deaths in 2022, with fatalities split nearly equally between genders.
While most trip-and-fall incidents occur on same-level surfaces (approximately 60 percent of all trip-and-fall accidents), it is possible to suffer injuries after tripping and falling on a surface that is rising. Trip-and-fall accident statistics also include falls that occur when a victim trips on something at a higher elevation, and falls to a lower elevation, suffering injuries in the process.
FL trip-and-fall injury lawyers see all types of injury accidents. Some of the most common causes our attorneys see include:
- Bad lighting. When a walkway or room is poorly lit, trip-and-fall accidents are more common.
- Uneven flooring/walkways. Uneven pavement, potholes, and broken or cracked flooring can all lead to trip-and-fall accidents.
- Obstructions or obstacles. Steps, curbs, low-walls, and floor-mounted power sockets are just some examples of obstacles which can lead to falls.
- Cords or cables. When power cords, computer/printer cables, or other types of cables are on the floor, they present trip-and-fall hazards.
- Loose rugs/floor coverings. Loose rugs, tile, or carpets are known hazards that unfortunately cause many trip-and-fall accidents.
Trip-And-Fallvs. Slip-And-Fall
Trip-and-fall accidents are not the same as slip-and-fall accidents. While there are some similarities between the two, and while many personal injury law firms represent clients in both types of cases, the terms should not be used interchangeably.
Falling Backward vs.Falling Forward
Slip-and-fall accidents involve slippery surfaces. For example, a recently waxed floor, a bathroom floor covered in water, or an icy sidewalk are all potential slip-and-fall hazards. Most slip-and-fall incidents involve victims falling backward, because they lose their center of gravity when slipping on an otherwise-even, but slick, surface.
In contrast, most trip-and-fall accident victims are injured when they lose their balance and fall forward. Trip-and-fall incidents typically involve tripping over an object or obstruction — such as an uneven door jamb, an uneven walkway, or an object left on the floor or on the ground — in the path of pedestrian traffic.
CommonInjuries
Because of the different manner of falling (forward for trip-and-fall victims vs. backward for slip-and-fall victims), the typical injuries associated with each type of incident can be very different.
Slip-and-fall accidents often involve sprained ankles or wrists, dislocated shoulders, spine and nerve damage, and traumatic brain injuries. Trip-and-fall accidents can also involve these types of injuries. However, the most common injuries associated with tripping and falling are fractured or broken limbs, joint injuries, cuts and abrasions, neck injuries, injuries to the hands, fingers, and wrists, and foot injuries.
Legal Aspects OfTrip-And-Fall Accidents
In Florida, property owners have a legal duty to foresee potential hazards and to take reasonable measures to protect guests from such hazards. This obligation includes maintaining safe walking surfaces, both indoors and outdoors. Premises liability laws are intended to protect Floridians from injuries, and to hold property owners responsible when they fail to meet their legal duty.
When rugs, cables, or other obstacles are present, or if walking surfaces are uneven or lighting is poor, the property owner may be liable for injuries sustained by a guest who trips and falls. However, under current Florida law (F.S. §768.0755), the property owner must have had actual knowledge or constructive knowledge of the hazard to be held liable. This is discussed more fully in the Proving Liability section, below.
Meeting The Burden Of ProofIn Trip-And-Fall Claims
It is generally easier for trip-and-fall accident attorneys in Florida to meet the burden of proof for their clients than it is for attorneys handling slip-and-fall cases.
As previously mentioned, trip-and-fall cases involve slippery surfaces. Unfortunately for people injured in trip-and-fall accidents, wet floors can be dried, icy sidewalks can melt, etc. In contrast, trip-and-fall cases involve obstacles which tend to be more permanent (although that is not always the case).
If you were injured after tripping and falling, you can help your attorney build a robust claim by documenting the accident. Capture the following, and be prepared to provide this documentation to your legal team:
- Where and when the accident occurred
- The property owner or manager (if known)
- The circumstances involved (how the accident occurred)
- What hazard or object you tripped on
- Whether anyone witnessed you falling (if so, document their names and contact information)
- What injuries you sustained, and what type of medical treatment you received
Taking photographs of the hazard, and of your injuries, may also strengthen your claim.
ProvingLiability
As previously mentioned, for a Florida property owner to be held liable for a victim’s injuries sustained in a trip-and-fall accident on the owner’s property, the owner must have had either actual or constructive knowledge of the dangerous condition.
Actual knowledge means the owner knew about the potential hazard. Constructive knowledge means the owner should have been aware of the issue. For example, if a potential hazard was present for a long time, such as a broken floor tile or cracked cement, the owner may have had constructive knowledge of it. Similarly, if a maintenance person ran power cords across a pedestrian walkway every Tuesday, it could be argued that the hazardous condition was foreseeable and that the owner had constructive knowledge of it.
Your Florida trip-and-fall attorneys will work to collect evidence to prove that the owner either had actual or constructive knowledge. The evidence you collect immediately after the accident, and the documentation you can provide to your attorney, such as witness statements, can be invaluable in helping establish liability.
Role ofInjury Attorneys
While you do not need to hire an attorney to handle your trip-and-fall claim, you may be short-changing yourself if you opt to go it alone. That’s because most trip-and-fall accident victims are not able to negotiate effectively with insurance companies. Insurers have one goal with trip-and-fall cases: To deny claims, or to settle them for the least possible amount of money.
Engaging a skilled personal injury attorney who specializes in trip-and-fall accidents, rather than trying to settle your claim on your own, can have a meaningful impact on the outcome of your case. Simply put, working with a skilled attorney can improve your odds of receiving a full and fair settlement for your claim.
Your injury attorney will work to establish an appropriate value for your claim, considering all of your medical expenses (those already incurred as well as future expenses), physical pain, emotional trauma, and lost wages, if applicable. Your lawyer will handle all communications and negotiations on your behalf, advocating for your rights and interests, so you can receive the compensation you need to focus on recovering from your injuries.
Choose The Trip-And-Fall AccidentLawyers Florida Residents Trust
Trip-and-fall accidents occur every day in Florida. Tripping over an obstacle or other hazard and falling forward can leave victims facing significant injuries, long recovery times, and unexpected expenses. Whether your trip-and-fall incident occurred on a level surface, on an ascending surface, or you tripped at a higher elevation and fell to a lower elevation, you may be entitled to compensation for your injuries.
The owner of the property where you were injured had a legal obligation to maintain safe premises, and to reasonably foresee potential hazards. When you choose to work with a trip-and-fall attorney, your lawyer will work to establish liability, and to prove through evidence that the property owner had either actual knowledge or constructive knowledge of the hazard. The evidence you are able to collect immediately after the accident and later provide to your legal team can be a significant help in proving liability.
If you were injured in a trip-and-fall accident and you believe the property owner had actual or constructive knowledge of the hazard you tripped on, Scott Marshall Injury Attorneys may be able to help. Contact us today to schedule a free consultation to discuss your legal rights and to see for yourself why we’ve earned a reputation as the trip-and-fall injury attorneys Florida residents know and trust for dedicated representation.
