Attorneys Handling Slip-And-Fall Accidents In Tampa
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Each day in America, people become unwitting victims of slip and fall accidents. Cases of personal injury that involve slip and fall occur on another person’s property. They exist under the blanket of Premises Liability Law. If you have experienced a slip and fall on someone else’s premises, you may be entitled to collect significant damages for the injuries you sustained as a result of the accident.
In Tampa, and throughout the state of Florida, the slip and fall attorney team at Winters & Yonker is ready, right now, to assist you. We will go after the negligent party and fight to win the best settlement or judgment we can for your injury.
Dangerous Conditions & Owner Responsibilities
Successful slip and fall cases show definitively that a property owner or manager failed to act in a reasonably prudent manner to prevent accidents or injury on his or her premises. Slip and fall liability can be difficult to prove if the property owner is found to have acted reasonably. If, however, the property owner is found to have acted in any way that could be construed as negligent, it is very likely that you have a winnable case. Our slip and fall lawyer team will dig deep to uncover answers to these and other relevant questions as part of their investigation:
- Was the hazardous condition that caused the injury present long enough before the accident that the property owner should have been aware of it?
- Are there standard procedures in place for examining the premises for potentially hazardous conditions and maintaining a “reasonably safe” environment at all times?
- Can the owner prove that the above procedures are in place and in practice?
- Can a legitimate reason for the presence of a hazard be established by the owner (eg. A wet floor that is slippery from routine cleaning)?
- Was there any way to reduce risk that was not implemented prior to the incident?
- If the slip has been caused the slip, trip or fall, was there anywhere else the object could have been stored to make by an object, would a barrier or warning sign been able to reduce risk?
What constitutes a “reasonably safe” condition varies from case to case. There are a number of circumstances that surround slip and fall accidents that help slip and fall lawyers determine whether or not the owner of the property was in the practice of keeping the premises in reasonably safe condition. Proving that the premises were not safe can be an arduous process, necessitating the aid of witnesses and experts to help piece together the details.
If you believe your slip and fall accident was the direct result of property owner negligence, call Winters & Yonker at 888-373-7770 today. We will discuss your case with you for free and let you know if you have an actionable claim.
When a dangerous condition is identified, the property owner is required to provide a clear warning. He or she is also responsible for eliminating the danger as quickly as possible, should such a remedy be possible. Examples of the kind of negligence that leads to slip-and-fall accidents include:
- Wet floors with no warning signs
- Open manhole covers with no warning signs
- Loose or torn carpeting
- Uncleared ice or snow in common walkways or on sidewalks
Hazards like those listed above are often deemed unnecessary due to the ease of correcting them and the avoidable nature of the injuries they cause. Other dangerous conditions, however, can require much more time and effort to eliminate. These conditions require that reasonable measures are taken to prevent accidents, injury, or death be taken. Among the conditions for which the law requires adequate warning include:
- Steps with no clear warning signs or safety markings
- Broken asphalt or concrete in areas where pedestrian traffic is common
- Uneven ground or changes in ground leveling without clear warning
If you have suffered injury as a result of any of the conditions above, call us today at 888-373-7770 or by any of the means listed on this page. We will assess the entire situation and determine the degree of liability involved. From there, we will explain all your options and begin the process of holding the negligent party responsible.
Causes of Slip and Fall Accidents
The term “Slip and Fall” is a blanket term that covers a range of similar types of accidents. A slip and fall accident occurs any time someone loses their balance or footing, falls, and sustains an injury on another person’s (or entity’s) property. Some of the more common types of slip-and-fall accidents include:
- Trip-and-fall – caused by objects or abnormalities in a person’s path (ie. uneven surfaces)
- Step-and-fall – A fall caused by a hole or indent in the path
- Slip-and-fall – A fall caused by foreign objects, substances, or slippery liquids on a surface designated for walking
Priving Negligence in a Slip and Fall Case
Reasonable proof of negligence must be determined before we can bring a slip-and-fall case on your behalf. It is your responsibility as the Plaintiff to provide the proof we need. As the injured person, you must be able to show two key things: first, that the accident occurred through no fault of your own and, secondly, that the accident occurred entirely as a result of a dangerous situation that was either caused or neglected by the manager or owner of the property.
In Florida, the injured person also needs to prove three other things in court:
#1: The owner of the property breached his or her duty of care. When a store or other establishment is open for business, it equates to an invitation to come inside. Whenever a business invites a person onto its property, they need to be certain that the property is safe for all common and reasonable uses (including walking at a normal pace on the floors).
#2: The business or property owner failed to use reasonable care in the operation or maintenance of the property. In this case, the court must decide what is reasonable based on the evidence.
#3: Your injury resulted from the owner’s negligence in breaching Duty of Care. When we are able to establish this, we can move ahead with your case.
It is also up to you as the plaintiff to show that the hazardous condition was was known prior to the accident. These things can be very difficult, even impossible, for an individual to prove. This is why you need an experienced personal injury lawyer on your side in your slip and fall case. Our attorneys will carefully sort through every detail in their effort to uncover the truth and get to the bottom of what happened. When it is determined that you have an actionable case, we will aggressively pursue damages on your behalf and fight for every penny that is fair.
In Florida, a slip-and-fall case has a statute of limitation of four years. Your case needs to be filed within that time frame. If that time expires, you forfeit your right to collect. Do not hesitate or delay and, never, ever accept an insurance settlement without a lawyer. At Winters & Yonker, our slip and fall lawyer team is here to assist you and begin the process of bringing your case right now. Call 888-373-7770 anytime and ask for a free initial consultation.
Determining Who Was Negligent
Determining who is at fault in a slip and fall accident can be a difficult task. For example, a neighborhood store may have a single owner/operator, whereas a larger space like a shopping mall might have multiple owners, property managers, and lessees under one roof. Under certain agreements, several parties could share a degree of the responsibility to a person who becomes injured while shopping there.
It is important that every liable party is named in your case. According to Florida law, every defendant is required to pay for his or her share when an injury occurs. If any responsible party goes unnamed, you might not be able to collect all the money you deserve. At Winters & Yonker, our job is to make certain every responsible defendant is named in your case.
Slip and fall cases in Florida are also subject to examination under comparative negligence. The court compares the actions of the injured person to those of the owner or business to determine who was most at fault. Whether you believe your accident was unavoidable, or you think your actions might have played a role, call Winters & Yonker. Our experienced personal injury attorneys will assess all the details of your case, uncover all the facts, and gather the data needed to determine where the fault lies.
Do not take the word of an insurance adjuster who claims that comparative negligence has already been established. Speak to an experienced slip and fall attorney for free and let us help you determine where the responsibility really lies.
Proving Liability and Negligence
It is your responsibility to gather as much evidence and information possible from the scene as well as any statements from witnesses you might have gathered. Don’t worry if you don’t have these things at the ready – we can help collect them. Some things you can do to help move the process along include:
- Taking photos of the property that clearly show the condition that resulted in your accident
- Names and statements of witnesses
- A copy of the accident report you made with the owner or property manager.
- Medical records that show you sought care for your injury within a reasonable amount of time (the sooner after the accident you seek medical attention the better)
The more you are able to do to prepare your case, the easier it will be for your attorney to sort out the details. If you don’t have any of the above, don’t worry. We are likely to still be able to build a case around the existing details.
Receiving Compendation For Your Slip and Fall Injury
The time to take action on your slip and fall case is RIGHT NOW. Let us help you collect ample compensation to cover:
- Medical bills
- Permanent disability
- Lost or decreased wages
- Emotional distress
- Other monetary losses or expenses that relate directly to your injury
When you hire Winters and Yonker to represent you in a slip and fall case, you can be assured that you are working with a seasoned, successful slip and fall attorney who understands Florida law and how the law can help you recover damages sustained as a result of owner/management negligence. Call 888-373-7770 or contact us online to arrange a free, no-obligation consultation. We can meet in our offices or bring the office to you at home, in the hospital, or anywhere convenient for you.