Slip & Fall FAQ’s

Before you start the injury claim process for a slip and fall on a person’s private or business property, take a look at these frequently asked questions. 

What are typical slip and fall settlement amounts? 

The national average settlement amount for commercial business premise liability cases is $345,000. For slip and fall cases that occur on private property, the national average settlement is $105,000.1 It’s important to understand that there is no set value for a premise liability case, and no two cases are ever the same.  

Slip and falls, or any other kind of injury that occurs because of hazardous or unsafe property conditions, involve multiple factors that influence the settlement amount of your case. Read more about the factors involved here.

What is a slip and fall injury? 

Although slip and falls can result in death, they are much more likely to cause injuries. Slip and fall injuries are injuries caused by slipping, tripping, or falling as a result of hazardous and unsafe property conditions, such as wet or uneven surfaces, defective stairs, sidewalks and furniture, and even parking lot poles and cluttered walkways. Since slip and falls can happen anywhere and under a wide range of conditions, injuries sustained in premise liability cases can be equally diverse.  

Read more about some of the most common types of slip and fall injuries here.

What to do if you are injured in a store? 

If you have been injured in a slip and fall at a store or commercial property, the first thing you should do is seek medical attention. Getting the necessary medical care after a slip and fall accident is important for two reasons: it ensures all of your injuries are properly treated and it legally documents your accident-related injuries, which is important for receiving a monetary settlement. 

Next, after receiving medical care, you must report the accident to the store manager or owner. Failing to report a slip and fall accident to the property owner could eliminate your chances of filing a lawsuit or recovering compensation. Insurance companies will question the legitimacy of your slip and fall claim if you never receive medical attention and if you never report the incident to the store owner. Find out the next steps here.

How long after an accident can you sue? 

In the state of Florida, you have four years from the date of your slip and fall accident to file a lawsuit against the property owner. If you do not file within four years, you will miss the opportunity to seek compensation for your injuries. This deadline is listed under Florida Statutes section 95.11(3)a, which applies to nearly all personal injury cases filed in Florida’s civil courts. 

However, Florida’s statute of limitations is merely a deadline, and in most cases, waiting almost four years to file a lawsuit can be damaging to your final settlement value. It’s also important to remember that four years is the limit to file a lawsuit—not resolve it. Find out more about when to file a case here.

How long do slip and fall settlements take? 

Every slip and fall case is different, which means the amount of time taken to settle a slip and fall case is never the same. Slip and fall cases can take anywhere from several months to several years to settle. 

Numerous variables influence the settlement time of slip and fall cases. Find out more here

If someone is injured on your property are you liable?

Under Florida law, property owners are obligated to maintain a relatively safe environment for their guests to prevent any unnecessary harm. This means that property owners must take the proper precautions, such as installing handrails, fixing uneven floors, and cleaning up spills, to reduce the chances of guests being injured while visiting their property. 

In addition, property owners owe a different degree of responsibility to the “types” of guests or people who enter their property. Florida law recognizes three types of people who enter one’s property, read more here.  

What is premises liability?

By definition, premises liability is a legal concept that states property owners, managers and landlords are legally obligated to provide and maintain a reasonably safe environment for those who visit their premises, including customers, contractors, employees, tenants and residents. Failure to keep the property safe for visitors results in “premises liability.”  

Read more about which cases can involve premises liability here

What to do after a slip and fall accident? 

If you have been injured in a slip and fall accident, or are the victim of premise liability, there are certain steps you must immediately take to protect your rights and ensure a fair settlement. First and foremost, if you require emergency medical attention, call 9-1-1 or have someone call 9-1-1 for you. Then, if able, follow these next steps:

Are slip and fall cases hard to win?

Each year, more than 1 million people are sent to emergency rooms because of slip and fall accidents.4 Yet, despite the frequency and severity of slip and fall accidents, these cases can be difficult to win. 

As with all personal injury cases, a victim must prove that negligence played a role in his or her slip and fall accident. However, unlike car accidents where negligence is documented in a police report or captured by traffic cameras, slip and fall accidents often rely on first-hand accounts. In the absence of any security footage, which is highly common for residential properties, your attorney will have to rely solely on your version of the incident and the opposing attorney will try to discredit your perception. Find out how to win a slip and fall case here.

What is the slip and fall settlement process? 

Settling slip and fall cases in Tampa can be challenging and can take months, or even years, to reach a verdict. While no two slip and fall accidents are the same, most premise liability cases are settled outside of court and follow this basic process.

Who is liable for an injury on private property?

In the state of Florida, there are two types of private property: residential and commercial. Regardless of how the private property is being used, a property owner is legally obligated under Florida Statute 95.11(3)a to maintain safe conditions for visitors who enter the premises. 

To determine if the property owner is liable for the injury, one of these statements must be true.

What to do if you slip and fall at work? 

Slip and falls are the number one cause of workers’ compensation claims. An estimated one out of every four work-related accidents result in a slip and fall. Of those incidents, 22% result in serious injury.

If you are injured in a slip and fall accident or become the victim of workplace premise liability, there are immediate steps you must take to help protect your legal rights. As with any injury, if you are involved in a workplace accident and require emergency medical attention, call 9-1-1 or have someone call 9-1-1 for you. Then, if able, follow these next steps.

What are symptoms of slip and fall injuries? 

Slip and falls are one of the most common accidents in the United States, resulting in more than 1 million emergency room visits each year. However, one out of four individuals who are injured in a slip and fall accident do not report the incident. While reasons range from where the accident happened to how the accident happened, most people do not report slip and falls because they do not realize the extent of their injuries.

Slip and fall injury symptoms often manifest several days, even weeks, after the date of the incident. Especially for head injuries, symptoms can be latent, yet life-altering. Therefore, it’s important to seek medical attention immediately after falling, even if you do not believe you have been injured. 

Some of the more common symptoms of slip and fall injuries include.

What is a slip and fall accident? 

A slip and fall accident is a term used for a premise liability case in which an individual slips or trips and becomes injured while on someone else’s property. Slip and fall accidents can happen anywhere and under a variety of circumstances. Hazardous conditions, such as wet floors, torn carpeting, loose floorboards, or cluttered walkways, are often the cause of most slip and falls accidents. 

Individuals who are injured in slip and fall accidents while on someone else’s property have the right to receive compensation for their injuries, medical bills, and lost wages. As with all personal injury cases, a victim must prove that negligence played a role in his or her slip and fall accident. Find out what is needed to receive compensation here.

What are common slip and fall injuries? 

Some of the most common types of slip and fall injuries are:

  • Traumatic brain injuries (TBI)

Head and brain injuries are among the most serious potential consequences of slip and fall accidents and can range from mild concussions to life-altering brain damage. Head injuries are not always outwardly visible, so it is a good idea to seek medical attention after a serious slip and fall, even if you aren’t displaying any symptoms of brain trauma. 

  • Spinal cord injuries

Slip and falls are one of the largest causes of spinal cord injuries—second only to car accidents.3 These types of injuries occur when the spinal cord is severed or compressed and are almost always life-threatening and demand immediate medical attention, as well as long-term treatment. 

See more types of injuries here.

How long does a slip and fall case take?

Slip and fall cases can take months, or even years, to settle, and no two slip and fall cases are the same. This is because slip and fall cases can happen anywhere, under a range of conditions, and with minor to fatal consequences.  

Some factors that influence the duration of a slip and fall case in Florida are:

  • Is the other side ready to settle?
  • Does the other side dispute liability?
  • How severe are the victim’s injuries?
  • Are multiple parties involved?

Read more about the basic process for settling a slip and fall case here.

DARRIGO, DIAZ & JIMENEZ IS READY TO HELP

Call now, or complete the form below to request a free consultation.


Our Videos

Nadine Diaz Specialist

Nursing Homes

Escalators

Elderly Slip and Fall

Distracted Driving

Concussions

Car Seats

Accidents

Team

Ron Darrigo

Nadine Diaz Parent

Wet Surfaces