Slip & Falls

Jacksonville Slip & Fall Lawyer

According to the National Safety Council, falls were the third leading cause of preventable deaths in the US in 2020.  At Rosenberg & Calvin, P.A., as Jacksonville Slip and Fall Attorneys, we have helped people who have fallen in parking lots, grocery stores, movie theaters, convenience stores, and at their place of work.  In 2020, over 800 workers died in falls.  Individuals working in the construction industry are more than seven times more likely to suffer from a fatal fall than workers in other industries.  

Maintenance and Repair

Falls can be caused by a number of situations including broken or inadequately maintained pavement in a parking lot, leaking refrigeration units in stores, poorly lit walkways in theaters, spills in convenience stores, and improperly maintained floors in the workplace.  Missing “wet floor” signs, improper or missing handrails, ramps that are too steep, and using indoor tile on an outdoor surface have been some of the reasons behind our clients’ falls.    

Slip & Fall Injuries

A fall does not have to be from a great distance to cause a serious injury.  Some of the most serious injuries we handle are for people who have slipped, tripped, or fallen.  We have helped clients who have suffered fractures to their wrist, arm, pelvis, and hip.  Falls are also responsible for a large number of traumatic brain injuries.  

Duty of Care to Prevent Slips & Falls

In general, a landowner or business has a duty to maintain their premises in a reasonably safe condition and to warn invitees of known hazards or hazards they should know about through reasonable inspection.  Some people are under the impression the landowner/business is automatically responsible if someone fell on their property.  This is incorrect.  A landowner or business does not have to guarantee your safety.  They do, however, have a responsibility to act reasonably.  

Florida Statutes

While these cases tend to result in the most significant injuries, they can also be the most challenging cases to win.  That is why you should hire a Jacksonville slip and fall lawyer to help you with your claim.  There are several theories of liability to consider in these cases.  The common law theory states the landowner must use reasonable care.  The Florida Statutes address what they call a transitory foreign substance.  This could be water, shampoo, or ice cream.  The landowner violates the statute if the injured party can prove the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. 

Building Code

The building code is another resource to build a case against a landowner or business.  For example, the code addresses how wide, long, and steep a ramp can be.  The code sets forth the required height and depth of a stair.  And the code outlines whether handrails are needed when you have a series of steps and if so, what their dimensions should be.  It is important to identify all violations of building codes.  That is why if you have a slip and fall in Jacksonville, you should hire an attorney familiar with experts who help identify all of the potential code violations. 

Common Defenses to Slip and Falls

Lack of Attention

The most common defense to a slip and fall is the allegation the injured person was not paying attention.  The defense will say that if the injured party had been paying attention, they could have seen the danger, they should have avoided it, and they would not have been injured.  This is known as comparative fault or contributory negligence.  If the defense can convince a jury the injured party was 20% responsible for her fall, then 20% is reduced from any final verdict awarded to the injured party. 

To counter this argument in a grocery store fall case, for example, as your Jacksonville slip and fall lawyer, we expose how the store knew where people fall the most in their stores.  We ask for documentation of the last time someone was in the area where our client fell.  We show how a store intentionally draws your attention away from the ground using flashing red lights and coupons at eye level on their shelves.  

Open and Obvious

Another popular defense to slip and fall cases is to argue the hazard was open and obvious.  This is another version of saying the injured party was contributorily negligent.  While this defense may combat a defendant’s duty to warn of the dangerous condition, it does not do away with the defendant’s duty to make the premises safe. 

For example, say you live in an apartment and there is a hole in one of the steps of your stairs causing you to step to the side as you go up and down.  You notify your landlord numerous times but he is slow to get the step fixed.  One morning, on your way out to work with other things on your mind, you forget about the hole and you step in it causing you to fall and sustain serious injuries.  While a jury may hold you accountable for knowing about the hole and stepping in it, they may also find it was unreasonable for your landlord to make you continuously dodge the dangerous condition he knew about and chose not to correct.  

Preservation

Certain things need to be done right away following a slip, trip, or fall.  It is important to send preservation letters to the land/business owner to keep any and all surveillance footage.  We encourage clients to back up any photos they took at the scene and to preserve any clothing they were wearing along with their footwear. We identify any witnesses to the event in order to interview them because memories fade with time and witnesses move. 

At Rosenberg & Calvin, P.A., we feel it is important to speak with an attorney to identify and protect your rights and to ensure you are compensated to the full extent of the law.  Contact us today for a free consultation.