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Should I Hire a Property Accident Lawyer After a Slip and Fall?
Many people are uncertain whether a slip and fall injury justifies legal action. If you were injured on someone else’s property in New Smyrna Beach, Florida and the injury required medical treatment, consulting with a Property Accident Lawyer is a reasonable and advisable step.
Property owners and their insurance companies are experienced at defending these claims. They may argue that the hazardous condition was obvious, that you were not paying attention, or that they had no knowledge of the dangerous condition. A Property Accident Lawyer can evaluate the facts of your case, identify the evidence that supports your claim, and advise you on whether pursuing a claim is appropriate.
A Property Accident Lawyer in New Smyrna Beach, Florida can also help you avoid common mistakes, such as giving a recorded statement to the property owner’s insurer or waiting too long to seek medical treatment, that can weaken your claim.
What To Do After a Slip and Fall Accident in New Smyrna Beach, Florida
The steps you take immediately after a slip and fall can significantly affect your ability to pursue compensation. Here is what we recommend:
- Report the Incident Immediately – Report your fall to the property owner, manager, or staff on duty. Request that an incident report be completed and ask for a copy. If the incident report is not provided to you at the scene, note the name of the person you spoke with.
- Seek Medical Attention – Even if your injuries appear minor, seek medical evaluation as soon as possible. Some injuries, including fractures, soft tissue damage, and head injuries, may not be fully apparent immediately after a fall. Prompt medical treatment also creates documentation that is important for your claim.
- Document the Scene – If you are physically able, photograph the hazardous condition that caused your fall, whether it is a wet floor, a broken step, an uneven surface, or inadequate lighting. Take photographs before the condition is corrected. Photograph your injuries as well.
- Identify Witnesses – If anyone witnessed your fall, collect their names and contact information.
- Preserve Your Clothing and Footwear – Do not wash or discard the clothing and shoes you were wearing at the time of the fall. These items may be relevant evidence.
- Do Not Give a Recorded Statement to the Property Owner’s Insurer – Insurance adjusters may contact you quickly after a slip and fall. You are not required to provide a recorded statement. Speak with a Property Accident Lawyer before doing so.
- Contact Pardy & Rodriguez, P.A. Promptly – Time is critical in slip and fall cases. Surveillance footage may be overwritten and physical evidence may be corrected or removed. Contact our office as soon as possible.
Florida Statute of Limitations for Slip and Fall Claims
Under Florida Statute 95.11, most personal injury claims arising from slip and fall accidents must be filed within two years of the date of the injury. Missing this deadline can permanently bar you from seeking compensation.
There are limited exceptions to this rule, including cases involving minors. Contact a Property Accident Lawyer in New Smyrna Beach, Florida as soon as possible to confirm the deadlines that apply to your specific situation.
How Florida Law Applies to Slip and Fall Cases
Florida’s premises liability law requires property owners to maintain their premises in a reasonably safe condition for visitors. The standard of care owed depends on the visitor’s legal status:
- Invitees ( customers, hotel guests, or anyone visiting a business) are given the highest level of protection. If you’re an invitee, property owners are responsible for regularly checking the area, fixing any hazards they find, or at least giving you a clear warning so you stay safe.
- Licensees (social guests, people permitted on the property for non-business purposes) are owed a duty to warn of known hazards that are not obvious.
- Trespassers are generally owed a lower duty of care, though property owners may not willfully or wantonly injure them.
Under Florida Statute 768.0755, which governs slip and fall cases on transitory foreign substances in business establishments, an injured person must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. This is a specific and important legal standard that a Property Accident Lawyer in New Smyrna Beach, Florida can help you navigate.
Types of Slip and Fall Cases We Handle in New Smyrna Beach, Florida
Our attorneys represent clients injured in a wide range of premises liability situations, including:
- Wet or slippery floors in stores, restaurants, and hotels
- Uneven or broken pavement in parking lots and walkways
- Broken or defective stairs and handrails
- Inadequate lighting in common areas
- Spills that were not promptly cleaned up
- Flooring that was improperly maintained or installed
- Hazardous conditions in apartment complexes and rental properties
- Falls caused by debris or obstacles in walkways
- Swimming pool and aquatic facility accidents
- Falls in healthcare facilities and nursing homes
- Falls caused by negligent property maintenance
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Frequently Asked Questions
- How do I prove that the property owner knew about the hazard?
Florida law allows you to establish that a property owner had “constructive knowledge” of a hazardous condition if the condition existed for a sufficient length of time that the owner should have discovered it through regular inspection. Evidence such as maintenance logs, inspection records, and surveillance footage can be critical. A Property Accident Lawyer in New Smyrna Beach, Florida can help you identify and preserve this evidence.
- What if I was partially at fault for my fall?
Florida follows a modified comparative negligence rule. If you are 50% or less at fault for the accident, you may still pursue compensation, though your award may be reduced by your percentage of fault. A Property Accident Lawyer can evaluate the evidence and advise you on how this applies to your situation.
- How long do I have to file a slip and fall claim in New Smyrna Beach, Florida?
Under Florida law, most personal injury claims must be filed within two years of the date of the injury. Contact a Property Accident Lawyer as soon as possible to confirm the deadlines in your case.
- What compensation may be available after a slip and fall?
Depending on the circumstances and the nature of your injuries, you may be able to seek compensation for medical expenses, lost wages, pain and suffering, permanent disability, and other damages. Our attorneys will evaluate all available sources of compensation in your case.
- What does it cost to hire a Property Accident Lawyer?
Pardy & Rodriguez, P.A. handles slip and fall cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you.
Call for the Legal Representation You Need
If you were injured in a slip and fall accident on someone else’s property in New Smyrna Beach, Florida, you may have legal options. Property owners have insurance companies and legal teams working to protect their interests. You need the same level of representation.
Pardy & Rodriguez, P.A. serves clients throughout New Smyrna Beach, Florida and Central Florida. Contact us today to schedule a consultation. There is no fee unless we recover for you.
Next Steps
If you are searching for a Property Accident Lawyer in New Smyrna Beach, Florida, contact our office to speak with a member of our legal team. We will review your situation, answer your questions, and help you understand what options may be available to you.
We serve clients throughout New Smyrna Beach, Florida and the surrounding areas of Central Florida, with offices in Orlando, Kissimmee, Poinciana, Davenport, Bradenton, Temple Terrace, and Deltona.