Tampa Slip and Fall Lawyer

Tampa 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 slip and fall lawyer is the first step in the process of recovering compensation for your injuries.

The experienced legal team at The Frank Santini Law Firm aggressively represents clients who have been injured because of someone else’s negligence. We treat each client with the time and attention they deserve, ensuring that their interests are always at the forefront of every conversation, negotiation, and action. 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.

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813-750-0422

7269 Bucks Ford Dr.
Riverview, FL 33578

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Slip and Fall Cases in Florida

In 2023, Florida’s Bureau of Community Health Assessment and Vital Statistics reported 86,298 hospitalizations for non-fatal falls in Florida, and of those, 4,506 were in Hillsborough County alone. On a national level, there were 8.9 million total non-fatal falls in the United States, which resulted in 1.85 million hospitalizations, according to the Centers for Disease Control (CDC), as well as:

• $99.62 billion in medical costs
• $14.61 billion in lost wages
• $381.57 billion for loss of quality of life
• $268211 average combined losses per injured person

What Is a Slip and Fall in Tampa?

In legal terms, a slip and fall case in Florida is a type of premises liability case where a person sustains an injury after slipping or falling due to unsafe conditions on property someone else is responsible for maintaining. But 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. A person responsible for the property did not provide an appropriate level of care that the majority of reasonable 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 and a customer suffers an injury as a result, 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, such as assault and battery, a more related scenario for a premises liability case might be a trespasser being injured by a hidden tripwire the owner installed to deter trespassers. The owner may 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, even if it is not the result of negligence or intentional actions. 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 if your particular situation merits a claim, consult with an experienced slip and fall attorney. The Frank Santini Law Firm 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 ensure the property is regularly inspected for conditions that could be unsafe and repair any issues, or inform visitors about the 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 care of the property.
• The injury happened due to a lack of reasonable care.

Liability in Florida

Florida has a modified comparative negligence rule where more than one party may be assigned a percentage of fault for an injury, including the person who was hurt. 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, or being intoxicated.

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 people who are trespassing and may not be liable for any injuries sustained while a person is 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.

FAQs About Tampa, FL Slip and Fall Laws

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

It’s difficult to determine an average payout for a slip and fall in Florida. 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.

How Much Do Slip and Fall Lawyers Charge?

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. It is important to note that many slip and fall lawyers in Florida charge on a contingency basis, which generally means that the client does not have to pay the lawyer’s fees unless they win their case.

Are Slip and Fall Cases Hard to Win?

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.

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

In general, in Florida, you 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, sometimes nerve damage can take some time before it becomes symptomatic.

Experienced Tampa Slip and Fall Lawyer

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 a slip and fall accident that is a result of someone else’s negligence, you may be entitled to seek compensation for your medical bills, lost wages, and the stress and difficulty it has caused in your life. The skilled and compassionate legal team at The Frank Santini Law Firm can help.

We can review the facts of your case, help you determine who is liable, gather evidence, calculate your damages, and develop a solid legal strategy to maximize 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. Contact our office today to schedule an initial consultation to learn your legal options.