Hillsborough County Slip and Fall Lawyers

A client came in to our firm recently because she had been injured by tripping on a sidewalk in Tampa and was wondering whether or not she has a claim. She does, and, if you’re injured in a similar situation, it’s really important to call a skilled slip and fall attorney right away. There are so many laws that relate to sidewalks and the city or county’s duty to maintain those, and you need a lawyer that understands those.

We had a case many years ago in Tampa at a well-known business establishment in which our client, unfortunately for him, fell off a curb that had not been properly identified and marked. The curb did not meet the standard of care that was required under the building codes, so we had a claim that we had to take to trial. It sounds very easy, but it’s not.

These cases are very difficult and the insurance carriers on the other side for commercial buildings in particular are going to fight it. A company is not automatically responsible just because someone fell. There is a thorough analysis that needs to take place, and it starts at the consultation through communication with the lawyer.

We had a case many years ago in Tampa at a well-known business establishment in which our client, unfortunately for him, fell off a curb that had not been properly identified and marked. The curb did not meet the standard of care that was required under the building codes, so we had a claim that we had to take to trial. It sounds very easy, but it’s not.

These cases are very difficult and the insurance carriers on the other side for commercial buildings in particular are going to fight it. A company is not automatically responsible just because someone fell. There is a thorough analysis that needs to take place, and it starts at the consultation through communication with the lawyer.

Slip and fall cases, also known as premises liability cases, are difficult to navigate in the state of Florida. Selecting the best attorney for these types of cases usually falls on communication, as it does with most cases. In particular, with premises liability claims, there is an analysis with regard to liability that needs to be done. It’s not the case that, if you just fall somewhere, automatically the business owner or the person who owns the home is responsible. There is a complex analysis that needs to take place, and it starts with the initial consultation with the lawyer to detail the mechanics of your fall, detail what happened, and have the lawyer communicate to you what they’re going to do to determine whether there is liability or responsibility upon who you think is the at-fault party.

We had a client in Tampa the other day contact us to ask about the value of their slip and fall claim. They were walking in the store and fell on some liquid that had been allowed to remain on the floor for a significant length of time. The answer is not as simple as it may seem. Number one, we have to assess liability or responsibility from the business owner. Just because there’s a puddle of water on the floor and someone slips and falls does not mean the business owner is automatically responsible.

What you need is to consult with a trial lawyer who is able to effectively evaluate the case and communicate to you what that value is. It’s often impossible to determine what the value of your case is at the initial consultation stage, but, certainly, details such as the mechanics of your fall and a picture of what you fell on are a good way to start the process.

A client came in recently who was injured in a slip and fall at a location with a warning sign. The client was concerned that that was going to affect their claim. Warning signs, depending on where they’re placed, what they say, what the visibility is and what is going on around you all affect whether or not that warning sign is going to affect your case or not.

A client recently asked me how long her case was going to take to resolve, as a result of injuries she received in a slip and fall. The biggest consideration for how long your case is going to take is how long it takes you to reach maximum medical improvement. The second is whether or not the business or insurance company is going to be reasonable without filing a lawsuit. Many times, they’re not, so if your case does have to go to a lawsuit, it does take a little bit longer.

We had a case in Wesley Chapel recently that involved a man who had been working for a lady for years and doing handiwork around the house. Unfortunately, there was a mess-up with regard to a pothole that was inside the property, and the gentleman did not see it and fell. He called us and said, number one, “Do I have a case?” and, number two, “What’s going to happen if I have to utilize, in this case, the homeowner’s insurance policy against someone who I consider, if not a friend, at least someone that I know?” The answer is difficult. Ultimately, what’s going to happen is, if you have to make a claim against the insurance company, we’re not going to be able to sue the insurance company. We’re going to have to sue the homeowner, unfortunately.

You start with a thorough analysis. These cases are difficult. This gentleman may have not even had a case. He had a question looking down the road to see if he was going to have a problem, but the first step is to analyze it because you may not have one. It’s good to get a trial lawyer to analyze a case so you’re not sitting in a room a year after a law firm accepts the case and they’re telling you that they’re not going to move forward with it. Get to that point earlier and these difficult decisions that may arise with these kinds of cases will blend themselves out. It’s better to get it done earlier than later.

We had a client in Tampa that recently, unfortunately, was injured severely from falling off of steps where there was some liquid that was allowed to remain on the steps. It was at a neighbor’s house, but the neighbor was the tenant, not the landlord. The question was, “Do I have a claim?” number one and, two, “How do I proceed?”

The first analysis is always difficult for premises liability. You have to decide whether there is a claim. Just because you fall off of steps, doesn’t necessarily mean you have a claim. The liability analysis is there, but when it comes to whether they can sue or make a claim against the – for instance, in this case – landlord, the answer is yes, but you have to establish whether there is liability. It’s not just a case because you fell. Unfortunately for this particular client, he sustained damages that exceeded $400,000, so it was definitely worth getting a thorough analysis of the liability portion of the case before we could decide whether there was a case.

A client called us yesterday from Wesley Chapel and asked if it was a good idea to speak with the insurance company after he had fallen at a retail store. He had fallen on some liquid, and the insurance company was wanting to take a recorded statement. I advised him that the best bet is to consult with a trial lawyer in a free consultation to analyze the specific aspects of slip and fall claims, which are usually very complicated in the state of Florida. There is a determination with regard to liability that we have to assess first. It’s a better bet to get that assessment before you start speaking with the insurance companies.

Remember, insurance companies are designed to save their insured as much money as possible. They will adjust your claim and they will pay you the lowest amount they can get away with. To get the full value of your case, speak with a trial lawyer. We’d love to speak with you about your slip and fall case. Give us a call.

A potential client in Tampa came in recently and, unfortunately, had made some mistakes that we commonly see with slip and fall injuries. The first mistake she made was not taking pictures of what she fell on at the store. The second mistake she made was fail to file an incident report at the store.

If you’re injured in a slip and fall accident, especially at a business, please make sure that you do those two things, and then also call a slip and fall attorney who has experience handling them. There are numerous laws related to slip and fall accidents, and you need a lawyer who knows these. If you have any questions or want some more information about your slip and fall case, please give us a call.

We had a client who called us and said that he fell, and the reason that he fell was because the handrail on the stairs that he was walking down was faulty. He was coming back from a beach resort, and the handrail simply came apart. Does he have a case? It depends. It depends how long that handrail had been in a state of disrepair, for one. Ultimately, what we need is a pictorial representation of what it looks like. If you come into a consult and there’s nothing to show, it’s very, very difficult to evaluate your case.

The case is going to be difficult anyway, but not having a picture or photograph or representation of what caused you to fall is going to be a big problem. When you come into these consultations and you have a case like that, make sure that you have taken the adequate measures to allow the attorney to fully investigate your claim.

A client called recently because she had been injured when she was walking on her neighbor’s property and was wondering what she should do. If you are injured on somebody else’s residential property, please make sure to take pictures of what you tripped on and were injured on and save those. You also want to make sure that the homeowner is aware of your injuries and get insurance information from them.