Comparing Slip and Fall Cases to Other Personal Injury Claims in Florida

Slip and fall cases in Florida are a type of personal injury claim that arises when someone is hurt because of unsafe conditions on another person’s property. These cases might seem simple at first, but they can be quite different from other personal injury claims. In Florida, laws about slip and fall cases are unique and can affect the way a claim is handled. Comparing slip and fall cases to other types of personal injury claims helps to show why understanding these differences is important for anyone who has been injured. At, Serrano Law, we are here to guide you through the legal process and help you navigate the complexities of your case.

What Makes Slip and Fall Cases Different

Slip and fall cases are specifically about accidents that happen when someone loses their footing on a slippery or unsafe surface. These accidents can happen in places like grocery stores, restaurants, or even someone’s home. In Florida, property owners have a duty to keep their property safe for visitors. If they fail to do so, and someone gets hurt, they could be responsible for the injuries.

Unlike car accidents, where the cause of the accident might be obvious, slip and fall cases often involve proving that the property owner knew about the danger but did not fix it. This means that evidence is very important in these cases. For example, if someone slips on a wet floor in a store, they need to show that the store owner knew the floor was wet or should have known and failed to put up a warning sign or clean the area. The way responsibility is proven in slip and fall cases is different from other personal injury claims, making these cases more complex in some ways.

Understanding Other Personal Injury Claims

Other personal injury claims include cases like car accidents, medical malpractice, or injuries from defective products. Each of these claims involves someone getting hurt because of another person’s actions or negligence, but the way these claims are handled can vary greatly. For example, in a car accident, there are usually police reports, witness statements, and traffic laws that help determine who was at fault. In medical malpractice cases, a person needs to show that a healthcare provider did not provide proper care. For injuries caused by defective products, a person must prove that the product was not safe to use as intended.

Michael Serrano

Founding Attorney

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Associate Attorney

These types of claims often rely on different types of evidence compared to slip and fall cases. For instance, a car accident might involve photos of the damage to the vehicles, while a defective product case might need proof of a manufacturing defect. The rules about how long someone has to file a claim, called the statute of limitations, can also be different for each type of case. In Florida, slip and fall cases fall under premises liability law, while car accidents and other claims might involve different legal rules.

The Role of Negligence in Slip and Fall Cases

Negligence is a key part of all personal injury claims, but it plays a unique role in slip and fall cases. In these cases, a person must prove that the property owner was negligent in keeping their property safe. This involves showing that the owner knew or should have known about the dangerous condition and failed to fix it or warn people about it.

For example, if a customer slips on a spilled drink in a supermarket, they must show that the spill was there long enough for the store employees to notice it and clean it up. This can be harder to prove than negligence in a car accident, where evidence like skid marks or traffic cameras might clearly show what happened. Because of this, slip and fall cases often require careful investigation and strong evidence to succeed.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Comparing Compensation in Slip and Fall Cases and Other Claims

The compensation that someone can receive in a slip and fall case can be similar to other personal injury claims, but the way damages are calculated might differ. In both types of cases, a person can seek compensation for things like medical bills, lost wages, and pain and suffering. However, proving these damages in a slip and fall case can sometimes be more challenging.

For instance, in a car accident, medical records and vehicle repair bills provide clear proof of the costs involved. In a slip and fall case, the connection between the accident and the injuries might be harder to establish. A person who slipped and fell might need to show medical records that directly link their injuries to the fall and not to something that happened before or after the accident. In Florida, comparative negligence also plays a role. This means that if a person is found to be partly at fault for their accident, their compensation could be reduced.

The Importance of Evidence in Slip and Fall Cases

Evidence is crucial in any personal injury claim, but it is especially important in slip and fall cases. In these cases, photos of the dangerous condition, witness statements, and maintenance records can make a big difference. For example, if a person falls because of a broken step, photos of the step taken right after the accident can help prove that it was dangerous.

In other personal injury claims, evidence might be easier to gather. For example, in a car accident, police reports and insurance information are often readily available. In slip and fall cases, the person who was injured might need to act quickly to preserve evidence before it disappears. If the dangerous condition is fixed before photos are taken, it could be harder to prove what caused the accident.

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How Florida Laws Affect Slip and Fall Cases

Florida has specific laws that affect slip and fall cases. These laws require a person to prove that the property owner knew or should have known about the dangerous condition that caused the accident. This is different from some other states where the burden of proof might be less strict.

In Florida, the law also considers whether the person who fell was paying attention to their surroundings. For example, if someone is looking at their phone and does not see a warning sign, they could be found partly responsible for their accident. This can reduce the amount of compensation they receive. These rules make it important for anyone injured in a slip and fall accident to understand the legal requirements in Florida.

Why Slip and Fall Cases Require Careful Handling

Because of the unique challenges involved, slip and fall cases often require a detailed understanding of the law. The evidence needed to prove a case, the way negligence is determined, and the specific rules in Florida all play a role in how these cases are handled. While slip and fall cases might seem similar to other personal injury claims at first, their differences can have a big impact on the outcome.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Anyone who has been injured in a slip and fall accident should know that their case might not be as straightforward as it seems. Comparing these cases to other types of personal injury claims shows why attention to detail and a clear understanding of the law are so important.

If you or someone you know has been hurt in a slip and fall accident or any other type of personal injury case, Serrano Law can help you. Our firm is dedicated to making sure you receive the help and guidance you need. Contact Serrano Law today to discuss your case and learn how we can assist you in getting the compensation you deserve.