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Florida Slip or Trip and Fall FAQs

​Slipping or tripping and falling on someone else'e property seems like it only happens in movies or cartoons, but if it happens to you your injuries could frustrate your life significantly. Some important steps to take:

 

  • Take lots of pictures! You need to know the condition of the property AT THE TIME of the accident.
  • Determine what you slipped in or tripped over. A business will almost definitely clean up where you fell.
  • Ask for witness contact information and statements about the conditions of the property.
  • File a report of the accident with the business or property management.
  • Take your shoes and put them in a plastic bag. They are evidence. Don't wear them again.
  • Make sure you get proper medical attention for your injuries. Your health is most important.

What should I do if I slip or trip and fall on someone else's property in Florida?

No! According to Florida Statute 768.0755, the victim must prove "that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it." This means that you must prove the business ACTUALLY KNEW of the dangerous condition that caused the injury or:
 

  1. Because the dangerous condition was there for so long, they should have known about it; or
     
  2. The dangerous condition happened often, so they should have known it could happen again.

If I slip or trip and fall in a business in Florida, are they automatically liable?

Do I even need a Florida slip or trip and fall attorney?

Not every slip or trip and fall claim requires the use of an attorney. If your injuries are not that serious, they can probably be settled on your own. However, it doesn't hurt to consult with an attorney. You need to protect yourself in case more serious injuries manifest later. We offer free slip or trip and fall consultations and we'll help you find the right attorney even if we can't take your case.

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Will it impact my case if I do not immediately seek treatment?

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If an injury does not manifest until later, what are my options for filing a claim?

If you have immediately apparent injuries or injuries that manifest later due to the slip or trip and fall accident, then not seeking immediate medical attention will most likely impact your case negatively. 

A common occurrence is when a slip or trip and fall victim has seemingly minor injuries and they can feel fine after the accident. Instead of taking the ambulance to the hospital, they get a ride home. Later on, however, the pain manifests. It could be that night, or days later.

 

Once the adrenaline from the accident wears off and your body starts to feel pain, you might realize you have a claim for damages in Florida.  It is important to seek medical attention as soon as pain manifests if you haven't already been treated.

 

When seeking medical attention, it is important to tell your doctor that you have been injured in an auto accident and that the accident is listed as a cause of the pain. Medical providers and insurance companies use specific coding when treating injuries and auto accident victims tend to receive similar types of care.

 

So if you have sustained a back injury, neck injury, or other type of injury in an auto accident, it is important that the physician notes that in your medical records.

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