Slip and Fall

(Also, Trip and Fall & Step and Fall) Premises Liability

Slipping/tripping and falling is inevitable. It isn’t always accompanied by injury, unless you count one’s pride. However, sometimes people are physically injured. Sometimes the injury was avoidable. Sometimes the costs are significant, both monetarily and in quality of life. In those times, the responsible party must bear the cost to protect the innocent and the injured. At The Law Office of Sean Clayton, P.A., we want to help those in pain get the recovery they deserve.

Navigating the ins and outs of a Slip and Fall lawsuit are difficult. There are several conditions which must be met:

1) The property owner must be shown to have a “duty of care.” The property must invite the presence of the injured party.
2) The owners, or their employees/agents, failed to exercise “reasonable care” in maintaining the property.
3) Finally, it must be shown that the injury resulted from the owner’s failure to exercise “reasonable care.”

These are complicated matters of law and an experienced attorney can help you determine if your case meets the requirements of law. If handled improperly or brought under the wrong circumstances, an injured party may find themselves responsible for the cost of the other side’s defense.

In addition, Florida uses comparative fault when apportioning damages. A competent attorney will not only assess the actions of the property owner, but help you to understand which of your behaviors may be viewed as contributory.

Simply determining who to pursue recovery can be difficult. Often times, one must sift through layers of renters, contractors, corporations, sublessors, etc. to determine who to sue. Our experienced attorneys can take the work off of you.

Finally, it is important to know is that you have a limited time to pursue your remedy. In Florida, you have four years in slip and fall cases to file suit and seek the recovery you deserve. Fail to do so and recovery may be barred by the Statute of Limitations.

Your Recovery

Should you prevail, you are entitled to recovery money for a number of losses that may be related to your injury. These may include:

  • Medical Expenses, Past and Future
  • Lost Wages, Past and Future
  • Lost Earnings Potential
  • Disability
  • Emotional Distress
  • Costs directly related to your injury

Don’t go it alone. Often times your opponent will have greater resources than you and will use those resources to defend themselves vigorously. You need an attorney who can stand up to their representatives and make sure your interests are equally represented. At The Law Office of Sean Clayton, P.A., we want to protect your rights and help you get the recovery you deserve. Contact us immediately to set up a free consultation.