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A property owner or manager must safely maintain their premises because if a slip and fall accident occurs, they may prove liable if their negligence resulted in a hazardous condition. In addition, slip and fall cases can be complex. The accident victim must prove to the court that the defendant owed them a duty of care–the first element in any negligence case. They must also show that they experienced damages because of the accident, for which they may receive financial compensation.
If this has happened to you, you know that a slip and fall accident can affect your livelihood for weeks or months. In some cases, victims face permanent disability. Contact a Palm Bay slip and fall lawyer at Kogan & DiSalvo who can protect your rights while fighting for maximum compensation.
The state of Florida operates under a modified comparative negligence doctrine—meaning the plaintiff may still recover compensation if they were 50% or less at fault for their injuries. Therefore, any damages awarded to the plaintiff would be reduced by the proportion of fault assigned to them by the jury. For example, a plaintiff deemed 20 percent responsible for their injuries, who is awarded $10,000, will have that amount reduced to $8,000.
Plaintiffs who are 51 percent or more liable for their accident cannot receive damages. In this example, a plaintiff who is found 60% responsible for their injuries would be prohibited from recovering compensation at all.
Slips and falls can happen anywhere. In northern states, ice and snow often contribute to these accidents, but that is not the case in Brevard County. The most common locations include:
Property owners often know about a potential hazard but fail to remedy it or warn visitors—which constitutes negligence. However, owners are not liable for all slips and falls on their property. They are only responsible for the hazards they should have reasonably known about and had time to fix.
Common causes of slip and fall injuries include:
When these conditions exist, your attorney will establish that the property owner or manager was liable because they failed to keep their premises safe. For example, a supermarket manager did not place a “Wet Floor” sign or cordon off an area where a spill occurred.
There are exceptions to owner liability even if negligence was involved. If a person was trespassing and injured themselves in a slip and fall, the owner is generally not liable. Someone intent on burglarizing a home or business cannot hold the property owner responsible, nor can an individual who attends a social gathering uninvited. For liability purposes, the injured party must have had a legal right to be on the premises.
Slip and fall injuries range from those causing short-term impairment to those resulting in chronic or life-altering conditions; they include:
While immediate documentation can be necessary for any personal injury claim, that is especially true regarding slip and fall injuries. Without photographic evidence, it is often relatively easy for property owners to fix the hazard. For example, if someone trips over debris in a walkway, simply moving the items conceals the condition causing the fall. That is why taking photos or videos, if physically possible, is critical.
Report the slip and fall to the property owner or manager. For example, if the incident occurred in a grocery store, restaurant, entertainment venue, or another place of business, have the manager fill out an accident report. In addition, obtain the names, addresses, and contact information of any witnesses.
Always seek medical attention, even if you feel fine. Some injuries, especially those involving soft tissue, do not appear for a few days. If you don’t see a doctor, the defendant’s insurance company can argue that your injuries were not serious or did not happen on their client’s premises.
In most instances, the statute of limitations for filing a personal injury lawsuit in a Florida slip and fall case is two years from the date of the incident. Miss that deadline and the court will not hear the case. While that is one of the longest statutes of limitations in the country, it is critical to remember that time is of the essence when collecting evidence.
A Brevard County slip and fall lawyer at Kogan & DiSalvo could investigate your case and work to obtain time-sensitive materials such as store or neighborhood surveillance video. This type of evidence can make a difference in proving your claim.
Potential compensation, or damages, in a premises liability slip and fall case may include:
The defendant’s insurance company will offer a lowball figure to settle the claim quickly. However, your lawyer will know what comprises a reasonable and fair amount based on your injuries and how they will affect your life now and in the future. Finally, unlike other states, Florida does not impose a limit on the amount of compensatory damages.
If you or someone you know was seriously injured in a slip and fall injury resulting from property owner negligence, contact an experienced Palm Bay personal injury attorney at Kogan & DiSalvo today. Schedule a free, no-obligation consultation. After evaluating your claim, we will let you know if you have a claim. Because we work on a contingency basis, you pay no fee unless you receive compensation.
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Love this firm!
I am extremely impressed with the service provided by team at Kogan and Disalvo. Jenn remained in constant contact with me during my case. She answered all my questions and was always quick to respond. My lawyer Jay was always professional and explained every step of the case. He always provided updates to my case. I’m extremely happy with this firm and would highly recommend them.
I hired Kogan & DiSalvo after an auto accident involving a tractor trailer. Honestly, I was dreading having to deal with a law office, but my attorney, Todd Baker, and his staff immediately put me at ease with their professionalism, compassion and expertise. The whole legal process was easier than I had expected, and Todd did a stellar job in negotiating a settlement in my case. I am very happy that I chose Kogan & DiSalvo to represent me. Thanks again!
Samantha is amazing. This is the first time I have ever been in a accident and she took her time and walk me through the process. Forever thankful. I would recommend them to everybody!!!!
Great at communication and worked really well with me through the entire process! I thought they did a great job and strongly recommend working with them for your personal injury needs!
It was a great experience. I appreciate everything you all did for me.
Exceptional service. Always return my calls quickly. Always answered all my questions. We negotiated a deal . we did not take the first two offers. We finally got a number that we deserved. He fought hard but got me what we needed.
I feel you are on top of my case thanks.
(Translated by Google) I received very good advice. Excellent attention.
(Original)
Recibí muy buena asesoría. Excelente atención.
They did everything for me! It’s was easy and convenient.
The legal support staff was always helpful to answer my questions regarding the status of my case, or would research my question and respond to my inquiries in a timely fashion,either by text or phone . I received documents by mail timely.
I just wanted to say Thank you to Dan, Lauren and the Kogan and Disalvo staff. Dan was on top of my case from day one. If I had any question at any time of day he would answer. They never asked me for a dollar which was great for me. I would recommend them to everyone. Thank you again. I hope I never need you again, but if I do I would not hesitate to call Dan again. Thank you so much.
Thank you for being there.
Professional team that made me feel like a priority.
Todd Baker and the whole staff macy and sam were the best. They were very professional and very proficient at taking care of my case. I would absolutely recommend Kogan and Disalvo!
This firm has did an amazing job
In the beginning of my case Amanda and Rachael took my information about my accident. They called me when needing more information regarding my case, found me the proper medical doctors for treatment, and followed up with my progress or other issues that occurred regarding my injuries. Later I was introduced to George Bakalaar who handled the rest of my case. I believe George, Macy, and Victoria were dedicated in helping me get the settlement I deserved.
The Absolute Best Personal Injury Attorneys Out There They Will Fight For You To Get What You Deserve And Will Take The Case To Trial If You Don’t Like What The Insurance Companies Are Trying To Settle The Case For These Are Honest Lawyers Who Say We Work For You I Had A Great Experience Me And My Mother Auto Accident The Best Lawyers In South Florida Hands Down!!!
I had a wonderful experience working with this team especially Mia, Amanda and Rick. They were very communicative and worked great together in getting the best outcome for me. Definitely a good camaraderie. I highly recommend Kogan and Disalvo team to everyone, they are supper professional and beneficial ! GREAT TEAM!
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