What to Do After a Slip and Fall in Florida Guide

What Is a Slip and Fall Accident in Tampa?

Slip and fall accidents are among the most common personal injury claims in Florida, affecting both residents and visitors alike. Whether at a grocery store, a hotel, or a public sidewalk, a slip and fall can result in serious injuries, including broken bones, head trauma, and even long-term disabilities. Understanding how Florida law treats slip and fall cases is essential if you or a loved one experiences such an accident. This guide will walk you through what Floridians need to know about slip and fall cases, from legal considerations to what steps to take after an accident.

Who Can Be Held Liable for a Slip and Fall?

Under Florida law, the following parties may be held liable:

Private Property Owners – Homeowners are responsible for maintaining safe walkways, stairs, and flooring.
Business Owners – Retail stores, restaurants, and malls must take precautions to prevent hazards.
Government Entities – Municipalities can be liable for sidewalks, parks, and public buildings.
Landlords and Property Managers – Responsible for safe common areas in apartments or condos.

To prove liability, it must be shown that the responsible party knew or should have known about the hazard and failed to take action.

Familiar Places Slip and Fall Accidents Occur

Grocery stores and supermarkets
Hotels and resorts
Restaurants and bars
Apartment complexes
Public sidewalks
Shopping malls and retail stores
Hospitals and nursing homes
Office buildings and workplaces

What to Do After a Slip-and-Fall Accident in Tampa

Taking the proper steps after a slip-and-fall accident is essential to protecting your health and legal claim.

Seeking Immediate Medical Attention

Even if your injuries seem minor, having medical documentation from the day of your accident creates an essential link between your fall and your injuries.

Don’t Delay Medical Treatment even if you’re feeling okay immediately after your fall. Many injuries, including concussions, soft tissue damage, and even some fractures, may not cause noticeable symptoms right away. What seems like minor soreness initially can develop into significant pain and limitation over the following days.
Be Honest with Medical Providers about all your symptoms and how the accident occurred. Provide them with a comprehensive description of your fall and any associated pain or discomfort, regardless of how minor it may seem. Medical providers require this information to evaluate and treat your injuries properly.
Follow All Treatment Recommendations, including follow-up appointments, physical therapy, diagnostic tests, and medication instructions. Insurance companies look for any excuse to argue that your injuries weren’t serious or weren’t caused by the slip and fall. Gaps in treatment or failure to follow medical advice can be used against you.
Keep Detailed Records of all medical treatment, including doctor visits, emergency room care, physical therapy sessions, medications, and any medical devices or equipment you need. Save all bills, receipts, and medical records related to your treatment. This documentation will be essential for calculating your damages.

Documenting the Scene and Incident

Proper documentation at the scene is essential for building a strong slip and fall case. Property owners and insurance companies will often argue that the dangerous condition didn’t exist or that you were careless.

Photograph Everything if you’re physically able to do so safely. Take pictures of the exact spot where you fell, including close-up shots that show the hazardous condition, such as spilled liquids, uneven surfaces, torn carpeting, or inadequate lighting. Photograph the area from multiple angles and distances to provide context for where the accident occurred within the larger space.
Document the Surrounding Area, including any warning signs or lack thereof, lighting conditions, weather if you’re outdoors, and anything else that might have contributed to your fall. If you fell due to a wet floor without warning signs, photograph the absence of caution signs. If poor lighting contributed to your accident, document the lighting conditions at the time.
Take Photos of Your Injuries as soon as possible, even if they seem minor initially. Bruising, swelling, and other visible signs of injury often become more apparent in the hours following an accident. Continue taking photos of your injuries as they develop over the following days and weeks.
Obtain contact information from any witnesses who witnessed your fall. Ask for their names, phone numbers, and a brief description of what they observed. Witnesses can provide crucial testimony about the dangerous condition and how your accident occurred, especially since property owners may later claim the hazard didn’t exist.
Note Environmental Conditions, including the time of day, weather conditions, and anything else that might be relevant to your fall. If it was raining and you slipped on a wet floor near an entrance, note whether the property had adequate mats or warning signs for wet conditions.

Reporting the Incident Properly

How you report the incident and what information you provide can significantly impact your ability to recover compensation later.

Insist on an Incident Report being completed by the property owner or their representative. Most businesses, shopping centers, and commercial properties have standard incident report forms for accidents that occur on their premises. Don’t let them convince you that a report isn’t necessary, especially if you’re feeling pain or notice any injuries.
Provide Accurate Information when completing the incident report but stick to the facts about what happened. Describe exactly how the accident occurred and what conditions caused your fall but avoid speculating about fault or making statements like “I should have been more careful.” These admissions can be used against you later.
Request a Copy of the completed incident report before you leave the property. If they claim they can’t provide a copy immediately, get the name and contact information of the person who completed the report and ask how you can obtain a copy. Some properties may require you to request the report through their corporate offices or insurance companies.
Don’t Sign Anything beyond a basic incident report without first consulting with an attorney. Some property owners or their insurance representatives may try to get you to sign waivers or releases at the scene. These documents can prevent you from seeking compensation for your injuries, even if you later discover they’re more serious than initially thought.
Avoid Giving Statements to Insurance Companies. After reporting the accident, the property owner’s insurance company may contact you for a statement. Avoid giving recorded statements or accepting a settlement offer before consulting with an attorney, as insurance companies may try to minimize your compensation.

Consult a Florida Premise Liability Lawyer

Florida’s premises liability laws are governed by strict rules, including:

The modified comparative negligence standard, which can reduce or bar your compensation if you’re found mostly at fault
The statute of limitations, which gives you just two years from the date of injury to file a lawsuit

Our premises liability lawyers ensure your claim is filed correctly and on time.

How Long Do You Have to File a Slip and Fall Lawsuit in Florida?

The statute of limitations for slip and fall claims in Florida is:

Two years from the date of the accident (as of March 2023 legislative update)
Claims against government entities may require notice within 6 months

Missing this deadline will likely result in the dismissal of your case.

Proving Liability in a Slip and Fall Case

One of the most challenging aspects of a slip-and-fall case is proving liability.

To hold the property owner or manager responsible for your injury, you must establish the following:

Existence of a Dangerous Condition: The property must have had a hazardous condition, such as a wet floor, uneven surface, or poor lighting.
Owner’s Knowledge: You must prove that the property owner knew or should have known about the dangerous condition. This can be particularly challenging, especially in cases where the hazard existed for a brief period before your accident.
Negligence in Addressing the Hazard: Even if the owner was aware of the danger, you must demonstrate that they failed to take reasonable steps to rectify it or provide adequate warning.

Our personal injury lawyers will gather evidence, consult experts, and reconstruct the accident to prove liability. We may also obtain surveillance footage, witness statements, and maintenance records to build a strong case on your behalf.

What Compensation Can You Recover in a Florida Slip-and-Fall Case?

In a successful slip and fall case, you may be entitled to several types of compensation, including:

Medical expenses: This includes both current and future medical costs, such as surgeries, doctor visits, physical therapy, and prescription medications.
Lost wages: If your injury prevents you from working, you may be compensated for lost income and loss of future earning capacity.
Pain and suffering: This compensates for the physical pain, emotional distress, and loss of enjoyment of life resulting from your injuries.
Property damage: If personal property was damaged during the fall (e.g., a broken phone or eyeglasses), you may be entitled to reimbursement for the cost of repairs or replacement.

Common Injuries from Slip and Fall Accidents

Slip and fall accidents can lead to serious and sometimes permanent injuries:

Traumatic brain injuries (TBI)
Fractures (hips, wrists, ankles)
Spinal cord injuries
Soft tissue injuries
Lacerations and bruises
Long-term disability

According to the CDC, falls are the leading cause of traumatic brain injuries in the United States, and older adults are especially vulnerable.

Dealing with Insurance Companies

After a slip-and-fall accident, the property owner’s insurance company will likely get involved. It’s important to remember that insurance adjusters are not on your side. They work for the insurance company and are tasked with minimizing payouts.

Our personal injury lawyers can handle all communication with the insurance company, ensuring you don’t say anything that could harm your case. We negotiate with the insurance company to ensure you receive a fair settlement. If the insurance company refuses a reasonable amount, your lawyer can take the case to court and fight for your rights.

Case Result: Slip and Fall in Tampa Convenience Store

Taking Action After Your Tampa Slip and Fall Accident

If you’ve been injured in a slip and fall accident in Tampa, taking prompt action protects your rights and improves your chances of receiving fair compensation. Don’t let embarrassment, minimization of your injuries, or pressure from property owners prevent you from seeking the help you need.

Document everything related to your accident and injuries, seek appropriate medical care even if your injuries seem minor initially, and avoid giving statements to insurance companies without legal guidance. Remember that property owners and their insurance companies have teams of professionals working to minimize their liability from day one.

The sooner you contact an experienced slip and fall attorney, the better your chances of preserving crucial evidence and building a strong case. Many pieces of evidence, including surveillance videos, witness memories, and physical conditions, can disappear quickly if not preserved promptly.

At Williams Law, P.A., we offer free consultations for all slip and fall cases, and we can meet you at your home or in the hospital if you’re unable to come to our office. During your consultation, we’ll review your case, explain your rights, and outline the legal options available to you. Call us at 1-800-451-6786 or fill out our online contact form.