Mrs. López and all of the Staff that had helped us it has been an absolute pleasure. They always had an answer to our questions and treated us with respect but most of all they listened.
Alondra O.
Outstanding Attorneys and Legal Team. Lopez, Justin, and Daisy were quick to answer my questions and handled my accident case with speed and courtesy. The outcome was much better than I anticipated.
Robert R.
A huge thanks to your office for such a great experience with my case. Special thanks to Denora, Carmen, and especially Kevin for answering my many calls and questions and keeping me informed through the entire process. I’m am extremely happy and grateful with the outcome.
Kathy W.
If you’re interested in pursuing compensation after falling due to unsafe conditions, get in touch with a Lakeland slip-and-fall attorney today.
People who are injured in slip-and-fall accidents can suffer a wide range of injuries. From bumps and bruises to broken bones and back injuries, the harm caused by a fall can have a devastating impact on a victim’s life.
According to data cited by the National Floor Safety Institute (NFSI), “Falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits, or 12% of total falls.”
If you have suffered a critical injury and are facing a difficult recovery, you might need to take time off from work, which could then impact your ability to support yourself. When you need a Lakeland slip-and-fall lawyer on your side to advocate for the compensation you deserve, you can enlist Lopez & Humphries, PA to work tirelessly on your behalf.
Fault in Lakeland Slip-and-Fall Cases
If someone slips and falls on a substance in a business, they must prove the business knew or should have known about the hazard and failed to fix it. This can be shown if the hazard was present long enough that the business should have noticed it or if it happened regularly and was predictable. This law doesn’t change any existing common-law responsibilities that businesses have to ensure their premises are safe.
Failure to do so often results in injury to guests and patrons. The property owner should be held responsible for covering any resulting damages. For instance, if you were walking into the grocery store and slipped on some ice or a spill of some kind and were injured, the owner of the grocery store would likely be liable for your injuries.
Another party who could have contributed to your fall could be the local government. On public property, the municipality that owns the property, or in some cases the state, will be held accountable for hazards that cause injury—it is their duty to maintain safe conditions for visitors, such as those who encounter a broken sidewalk in a public park.
Your slip-and-fall lawyer in Lakeland will help you pinpoint the liable party in your claim and hold him or her financially accountable for every hardship you’ve endured.
The Exception to Fault of the Property Owner
Commonly referred to as the “open and obvious rule,” this exception is the most widely used defense to premises liability claims, including Lakeland slip-and-fall claims. This rule holds that the property owner cannot be held liable for injuries you sustain if the hazard that caused your accident is both open and obvious.
For business owners, this could refer to a mopped floor that has a wet floor sign set up near the safety concern. For homeowners, this could be if the homeowner warned you of the hazard in question and you proceeded despite the concern.
In the event that this is the situation you’ve found yourself in, unfortunately, you may have trouble holding the property owner accountable for your injuries. Additionally, the property owner cannot be held liable for injuries done to those who are trespassing on their property illegally at the time of the injury. Your Lakeland trip-and-fall lawyer can examine your case to make sure it is viable.
Compensating You for Your Damages
Our goal in the pursuit of compensation for your losses is to recover as much as possible so your life is not impacted more than necessary. After all, you have already been injured and are dealing with the repercussions.
First and foremost, we will want to secure compensation for your medical expenses in their entirety. These include the hospital bills, copays, medical equipment, costs of prescription medications, and any other medical costs that pertain to your injuries. Then, we will calculate the extent of your lost wages and any damage done to your future earning potential to ensure that you are repaid appropriately.
Finally, we will examine the aspects of your life that have nothing to do with money and everything to do with your wellbeing. Damages like pain and suffering, loss of consortium, mental anguish, and loss of enjoyment of life are known as “non-economic damages.” These often have an impact all their own that is far greater than the financial losses you’ve experienced.
Your slip-and-fall attorney in Lakeland can assign an appropriate value to all of your damages and fight to make sure you’re compensated fully and fairly.
Contact a Lakeland Slip-and-Fall Attorney
The effects of a slip-and-fall accident can be both profoundly difficult and long-lasting. If you are in need of an experienced legal ally, reach out to Lopez & Humphries, PA for more information about how to move forward with a premises liability claim.
You can schedule your free claim evaluation with a Lakeland slip-and-fall lawyer by filling out the contact form at the bottom of this page or calling our office at (863) 774-3573.
Citations
What Causes Slip and Fall Accidents?
https://www.spinalcord.com/florida-slip-and-fall-accidents
The 2024 Florida Statutes: Premises liability for transitory foreign substances in a business establishment
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0755.html
Our Lakeland Law Office
FAQs: Slip-and-Fall Claims in Lakeland, Florida
1. What is the “impact rule” in a Florida slip-and-fall case?
Florida’s impact rule generally requires a physical injury to recover damages for emotional distress. You typically cannot seek compensation for mental anguish alone without a corresponding physical impact or injury from the fall.
2. How long do I have to file a slip-and-fall lawsuit in Florida?
The statute of limitations is two years from the date of the accident. If the claim is against a government entity, notice requirements are much shorter. Missing these deadlines will permanently bar your right to compensation.
3. Can I still recover compensation if I was partially at fault for my fall?
Yes, under modified comparative negligence. You can recover damages as long as you are not more than 50% at fault. Your total payout will be reduced by your percentage of blame (e.g., if you are 20% at fault, you receive 80% of the award).
4. What is “constructive knowledge” in a premises liability claim?
It means the business should have known about a hazard. Under Florida law, we prove this by showing the dangerous condition existed for so long that a reasonable business would have discovered and fixed it during routine inspections.
5. Is the property owner liable if there was a “Wet Floor” sign?
It depends. A sign is a strong "Open and Obvious" defense for the owner, but it’s not an automatic win for them. If the sign was hidden, poorly placed, or the hazard was extreme, you may still have a valid claim.
6. What is the average settlement for a slip-and-fall in Lakeland?
There is no "standard" amount. Settlements are based on medical bills, lost wages, and the severity of the injury. Minor fractures often settle for significantly less than cases requiring surgery or resulting in permanent disability.
7. Should I give a statement to the insurance adjuster after my fall?
No. Insurance companies look for any reason to deny your claim or shift blame to you. Politely decline and refer them to your attorney at Lopez & Humphries, P.A. to ensure your rights are protected.
