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Misconceptions About Slip and Fall Injury Cases in Florida

Slip and falls are one of the more common reasons personal injury claims are filed in Florida. However, only a small percentage of those filing these kinds of claims actually recover any damages.

Slip and fall cases can be complicated and extremely hard to prove. There is also a ton of misinformation floating around regarding slip and falls in Florida. So, today, we are going to debunk some of these common myths and misconceptions about slip and fall accidents in Florida.

You Were Partially At Fault

Many people involved in a slip and fall accident in Florida feel as if they were partially responsible for the accident. Florida is a pure comparative fault state, however. This means that even if you were over 50 percent to blame for the accident, you can still recover damages. The damages will just reflect your percentage of fault in the accident and will be reduced by that much.

No Notice of Dangerous Conditions

If a property owner is aware of a safety hazard on the property and knows something needs to be fixed and they fail to put up a warning sign or fix the issue, and you slip and fall, then you can recover damages from the owner as the result of the incident.

Even if the owner didn’t have prior knowledge of a safety issue, it is still argued that they should have known about the conditions. If there is a puddle of water, for example, and a store employee noticed it but it was never cleaned up, and you fell. As a result, theoretically, the store owner should have known about the puddle.

A lawyer can help prove this by gathering and establishing evidence — for example, security footage, witness interviews, and the cleanup and maintenance procedure review.

Public Property Slip and Falls

So, what happens when your slip and fall occurs on public property as opposed to a privately owned business? Many public places today are actually owned by private entities. If they aren’t privately owned, then they may be owned by the government.

This means that there is going to be someone liable for your injuries. When you fall on public property, it is best to consult with a lawyer first because there are certain steps that need to be followed when filing a claim for this kind of slip and fall, including providing notice of the claim.

Physical Injury Compensation

Another common misconception is that people only receive compensation for the physical injuries they sustain in a slip and fall accident. However, there are other damages you can recover that include lost income, pain and suffering, emotional distress, and punitive damages.

Don’t Exaggerate Injuries

If you fall at a big box store owned by a large corporation, it may be tempting to exaggerate your injuries. However, you should never do this under any circumstances. All of your injuries will be investigated to determine if they are actually legitimate. Doctors will be deposed, medical records will be reviewed, and family and friends may even be questioned under oath.

If you are found guilty of exaggerating your injuries, you will no longer be seen as a credible witness and the judge and jury may not believe the claim you have filed. This ultimately means you will not recover any damages.

If you or a loved one was involved in a slip and fall accident and you want to seek compensation for your injuries, consult with an experienced personal injury attorney that specializes in slip and falls about your case before filing to ensure everything is in order.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Misconceptions About Slip and Fall Injury Cases in Florida

Goldman Babboni Fernandez
Murphy & Walsh

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