Tampa, FL Slip and Fall Lawyer

Tampa, FL Slip and Fall Attorney

A slip and fall accident can result in a visit to Tampa General Hospital or one of the other area hospitals, with serious, long-lasting effects. Broken or fractured bones, head and spine injuries, damage to nerves or internal organs, or other conditions can leave a person with long-term pain, loss of function, or disability. After a serious injury occurs, a consultation with a Tampa, FL, slip and fall lawyer is the first step in the process of recovering compensation for your injuries.

About Us

The experienced legal team at Santini Personal Injury & Car Accident Law aggressively represents clients who have been injured because of someone else’s negligence. We give each client exclusive time and attention so that their interests are always at the forefront of everything we do.

Our top goal is to help our personal injury clients achieve their desired outcome in their case, whether that means reaching a settlement outside of court or going to trial. Call us to learn more about our background. There’s no risk and no charge if we don’t win your case.

Slip and Fall Cases in Florida

On a national level, there were 1.85 million total non-fatal falls in the United States in 2023, according to the Centers for Disease Control (CDC). In Florida, there were 68 of these cases in the workplace that led to fatal injuries. Slips, trips, and falls led to around 22% of all workplace fatalities in Florida in 2023.

What Is a Slip and Fall in Tampa?

In legal terms, a slip and fall case in Florida is usually a type of premises liability case. This is when a person sustains an injury after slipping or falling due to unsafe conditions on property someone else is responsible for maintaining.

However, not every injury of this type provides grounds for a legal claim. For the injured person to recover damages, another person has to have some liability in the circumstances that led to the injury.

In other words, someone else’s actions have to be part of what leads to the injury. One or more of the following considerations must be involved:

• Negligence. This means the property owner did not provide an appropriate level of care most people would agree is necessary for the particular circumstance. For example, if a sidewalk or parking lot at a grocery store lacks slip-resistant sealant, a customer may suffer an injury. The company or property owner may be liable for the injuries and any related damages.
• Intentional acts of harm. When someone’s intentional actions cause an injury, the person can be held liable for the damages they caused. While this could mean a criminal act, a premises liability case might involve a trespasser being injured by a hidden tripwire the owner installed to deter trespassers. The owner may still be liable for the injuries, even though the person was trespassing.
• Strict liability. If there is an inherently dangerous circumstance on a property that the owner knows about or should have known about, they may be liable for someone else’s injuries due to that circumstance. For example, if a shopper at a mall receives injuries on an elevator or escalator, the mall’s owner may be liable, even if all the proper maintenance had been done.

A slip-and-fall could occur anywhere in Tampa. You may encounter uneven sidewalks in the Ybor City Historic District, slippery store entrances at WestShore Plaza, or wet pathways near the waterfront at Tampa Riverwalk.

If you are wondering whether your particular situation merits a claim, consult an experienced slip-and-fall attorney. Santini Personal Injury & Car Accident Law has helped numerous clients in Tampa and the surrounding area with slip-and-fall cases and can evaluate your case.

Proving a Slip and Fall Claim in Florida

The burden of proof in a slip and fall case in Florida is on the injured person to show that the property owner is responsible for the circumstances that resulted in an injury. A property owner has a legal obligation to take reasonable care of the property to prevent any injuries. For example, an owner must make certain that the property is regularly inspected for unsafe conditions, repair any issues, and inform visitors about potential safety concerns.

In general, for a slip and fall case, the injured person has to prove:

• There were unsafe conditions on the property.
• Someone else was responsible for the property’s care.
• The injury happened due to a lack of reasonable care.

Liability in Florida

Florida has a modified comparative negligence rule under which more than one party may be assigned a percentage of fault for an injury, including the injured person. In Florida, an injured person can seek financial compensation, even if they share some fault in the injury. For example, if a person slips on a liquid, they may be able to file a legal claim to recover damages, even if they did not use a nearby handrail.

If a person’s actions contributed to the injury, it may limit the amount of damages the victim can claim. Some examples of partial negligence by an injured person can include: 

• Being in an unauthorized area
• Ignoring warning signs
• Reckless behavior like roughhousing
• Being intoxicated from alcohol or drugs

Trespassing Liability

When someone visits another person’s property, they are either invited, have permission to be there, or do not have permission to be there. When someone does not have permission to be on the property, their presence is considered trespassing. Property owners have a significantly lower duty of care to trespassers and may not be liable for injuries sustained while trespassing.

Owners are, however, still responsible for posting warnings about dangerous conditions they created or are aware of. For example, if a pool on the property is not secured by a fence or gate, the owner may be liable for an injury that occurs in or around the pool, even if the person was trespassing.

Store Spills in Florida

In the Sunshine State, Florida Statute § 768.0755 requires actual and constructive knowledge for slip-and-fall accidents in business establishments. This means that in order to hold a store responsible for a fall caused by a spill or debris, you must prove the business had either actual or constructive knowledge of the hazard.

Actual notice means the business actually knew the hazard existed. You can rely on evidence, including: 

• An employee admitting they saw the spill but hadn’t cleaned it yet
• Surveillance footage showing an employee walking past the spill without addressing it
• A witness who overheard a customer report the spill to a staff member before your fall.

Constructive notice allows you to prove the business should have known about the hazard. You can prove it through circumstantial evidence by: 

• Showing the hazard existed for long enough that the business should have discovered it if they were exercising ordinary care and performing regular floor inspections.
• If the dangerous condition occurred so regularly that it was fairly foreseeable, like if it was due to a recurring leak from an old refrigerator.

For these cases, the burden of proof is on the injured person. Hiring an attorney can often make or break the case, since they can gather compelling evidence. They can collect evidence about: 

• The condition of the area
• How long the hazard been there
• Surveillance footage
• Inspection footage

A lawyer can help prove that the business should have cleaned up the transitory foreign substance. This includes any liquid or solid item that is not supposed to be on the floor and is capable of being moved or cleaned up.

Your case may involve spilled liquid, food, tracked-in rainwater, or other substances. Your lawyer can help prove actual or constructive knowledge of the dangerous condition and what steps should have been taken to protect you.

When you partner with Santini Personal Injury & Car Accident Law, we can review:

• Surveillance video timestamps to determine when the spill first appears
• Cleaning/inspection logs and sweep sheets
• Employee schedules and who was assigned to the area
• Incident reports and internal communications
• Any prior complaints or similar incidents to establish a pattern
• Any “condition clues” that suggest time-on-floor, like track marks, footprints, drying edges, cart streaks, or dirt accumulation

Some of the most common slip-and-falls occur in stores. However, some individuals fall due to hazards like amusement park rides. This was the case of a six-year-old boy who fell off an amusement park ride in Kissimmee in 2023, receiving serious injuries.

Call a Lawyer

Call a lawyer for help securing time-sensitive evidence. Since insurance adjusters often use recorded statements to shift blame onto the victim, a lawyer acts as a critical shield to protect your rights and prevent common legal pitfalls that could devalue your claim. Call a legal professional to accurately calculate the full lifetime cost of your injuries to confirm you don’t accept a settlement that leaves you underfunded later.

FAQs

Q: What Is the Average Payout for a Slip and Fall in Florida?

A: The average payout for a slip and fall in Florida is difficult to determine. Each case is unique, and the elements that factor into the payout can vary significantly from case to case. These include medical bills, the severity of the injuries sustained, the impact on the injured person’s life, and the long-term consequences of the injuries. The most reliable way to determine the potential payout for your case is to consult an experienced personal injury lawyer.

Q: How Much Do Slip and Fall Lawyers Charge?

A: How much slip and fall lawyers charge depends on how much time the lawyer spends on the case. For example, a case that goes to trial requires a greater amount of time to prepare than a case that is settled before trial. Many slip-and-fall lawyers in Florida charge on a contingency basis, meaning the client does not pay any fees unless they win their case.

Q: Are Slip and Fall Cases Hard to Win?

A: Slip and fall cases can be hard to win, and a successful outcome often depends on the quality of the evidence available as well as the skill and experience of the lawyers involved. A claimant’s lawyer has to prove liability, and the lawyers of insurance companies and property owners often try to shift blame to the victim. A skilled personal injury attorney can gather necessary evidence, such as photos, witness statements, and medical records.

Q: How Long After a Slip and Fall Can You File a Claim in Florida?

A: In Florida, you generally have two years from the date of the incident that caused an injury to file a legal claim for damages. There may be cases where the time can be extended, such as when the victim is a minor at the time of the injury or if the injuries take a while to become apparent. For example, conditions like nerve damage can take some time to appear.

Hire a Slip and Fall Lawyer – Call the Experienced Team at Santini Personal Injury & Car Accident Law

A slip-and-fall injury can have a major impact on your life and lead to unexpected physical, emotional, and financial hardships. If you’ve been injured in an accident that is a result of someone else’s negligence, you may be entitled to seek compensation.

This can help you pay your medical bills, lost wages, and the stress and difficulty it has caused in your life. Hire a slip and fall lawyer who can provide skilled and compassionate help from Santini Personal Injury & Car Accident Law.

The attorneys at Santini Personal Injury & Car Accident Law can:

• Review the facts of your case
• Help you determine who is liable
• Gather evidence
• Calculate your damages
• Develop a solid legal strategy to increase your compensation.

We can also act as a barrier between you and medical bill collectors, hospitals, and insurance companies, so you can focus on recovering. We’ll help you get the most money in your pocket after a serious slip and fall accident.

Contact our office today to schedule an initial consultation to learn your legal options.