Most falls result in only bruised egos; however, sometimes it can result in permanent and debilitating injuries. Most people think that if they fall on someone’s property, the owner is automatically responsible for whatever harm comes from the incident. This is a misinterpretation of the law in Florida. In Florida the victim of a fall has the burden of showing that the property owner was negligent and that negligence caused the fall. Since the victim has the burden of proof, it is critical that you get pictures and a video of the area in which you fell.
If you take a 360° video of the area where you fell, it often helps us piece together how the accident happened. At times it can be caused by something coming from the ceiling (i.e., a leaking roof or air conditioner vent that is dripping profusely). Therefore, take a video of the ceiling as well.
It is also important to take photographs of your clothing if they became wet or soiled by the substance that caused your fall. Also, save the clothing and shoes that you were wearing when you fell. If a substance beside water gets on clothes, do not wash your clothes until an expert fully analyzes what the substance is. The clothing could become critical evidence in your case.
If the fall was caused by something more permanent, do not assume that the defect will be there later, document the surface immediately. In Florida, if a defendant fixes the problem, the fact that they fixed the defect that caused you to fall cannot be used against the Defendant. Public policy dictates that defects be cured as quickly as possible. The law protects defendants from making their case worse by repairing the issue. Often when people are able to make their way back to the accident scene, the hazard has been remedied, so take pictures right then.
If you have been the victim of someone else’s carelessness and are seeking a slip and fall lawyer, contact us for a free consultation to go over the details of your accident. This consultation is a great way for us to let you know if you have a valid case. We work on a contingent fee basis, which means that we do not get paid unless you receive financial compensation from the at fault party. If you have been injured due to a slip and fall accident, call and get the compensation you deserve.
Let us take the necessary steps to try to get your case won and over.