A "slip and fall" is the generic term for an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. We have represented clients in slip and fall cases against numerous supermarkets, municipalities, convenience stores, schools, department stores, office buildings, restaurants and shopping centers.

The "Bottled Water" Slip and Fall Example

As a general rule, property owners are responsible for injuries which occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about. One of the most difficult parts of winning a slip and fall case is proving that the property owner knew or should have known about the dangerous or hazardous condition.

Suppose a person is injured when slipping over a broken container of bottled water, which fell off the shelf in a grocery store. The questions listed below are a brief example of the factual and legal analysis that our law firm must perform in order to determine who is liable:

• Should the grocery store owner be liable to the injured person?
  
  
• Should the grocery store owner have known that the bottled water could fall off the shelf, and then cause somebody to slip and fall?
  
  
• Can the employee who placed the water on the shelf be liable?
  
  
• Did someone notify the grocery store of the broken water container prior to the accident?
  
  
• Can the water bottle manufacturer be liable for failing to design a water container that will not break when it falls off the shelf?
  
  
• Was the lighting in the grocery store sufficient so that the injured person could see the water?
  
  
• Was the type of flooring used in the grocery store in accordance with local building codes?
  
  
• Was a caution sign or grocery store employee present at the time of the slip and fall?

After an extensive factual investigation, our law firm would determine if the property owner or someone else should be held liable for the injuries caused in the fall. In order to establish liability, we will frequently work with engineers, investigators, industry experts, and accident reconstructionist. Under Florida Law, more than one person or company can be held liable for the injuries caused in the fall.

Things you can do after your fall in order to resolve a case in your favor:

If liability can be clearly proven, it is probable that a settlement can be obtained at full value. In resolving a slip and fall case, those in which critical evidence has been obtained early are usually the easiest to settle out of court. However, if a jury trial becomes necessary, this evidence becomes the crucial factor in proving liability and damages. Here are some things you can do to ensure that you have maximized your potential for recovery:

• Immediately report your accident to the property owner or property security company. Be sure to get a copy of the accident report.
  
  
• Try to get the name and phone number of any people who may have witnessed your fall.
  
  
• Place the shoes which you were wearing at the time of the accident in a plastic bag and tape it shut so that any material stuck to the shoes will remain.
  
  
• Store all of the articles of clothing you were wearing at the time of the accident in a plastic bag. Do not wash them before storage.
  
  
• If you have a camera at the time of the accident, have someone take pictures of the accident scene, your clothing and shoes, and any warnings signs that might be in the area surrounding the accident scene.
  
  
• If you have suffered any visible damage to your body (i.e., cuts, scrapes and bruises) have someone take photographs or permit our investigator to take them.
  
  
• If possible, place in a plastic bag the item that caused you to fall.
  
  
• Go to the hospital emergency room immediately if you are in any pain whatsoever. Do not be afraid to tell the doctor about every area of your body in which you are experiencing pain.
  
  
• DO NOT discuss or make any statements about your case with any employees or insurance representatives of the property owner, without first speaking with your lawyer.
  
  
• DO NOT accept any forms of payment or sign any releases without speaking to your lawyer. Doing so could waive your right to recovery.
  
  
• If you know of any prior accidents in the same location, please notify us.