It comes down to a simple rule.
If a business invites you to their shop to sell you goods or services, its owners/employees need to ensure that you have a safe and enjoyable experience. But what if a business violates safety rules and you get hurt? Then a Tampa slip and fall lawyer can help you recover what was taken.
Stores Have a Legal Responsibility to Protect You from Slip and Fall Injuries
Specifically, Florida law requires a business or property owner to:
Keep his or her premises in a reasonably safe condition, fix dangerous conditions on the property that the business knew about or should have known about, and warn customers/visitors about any dangerous conditions.
If a business or property owner did not fulfill these requirements, then he or she acted negligently — and you may have a personal injury case.
Your Free Slip and Fall Injury Claim Evaluation
The first step is to get a free case evaluation with a slip and fall lawyer in Tampa, Florida. Simply give us a call at 813-530-1087 or fill out the contact form below. We will have one of our Tampa injury lawyers contact you to discuss your slip and fall accident case and claim value.
Initial Steps Our Tampa, Florida Slip and Fall Injury Lawyers Take in Every Case
Remember, a slip and fall happens at a building the owner (aka the defendant) controls. A wily corporation can remedy the problem or otherwise destroy evidence, making a personal injury case that much more difficult to prove.
A slip and fall attorney is a type of personal injury attorney who specifically knows how to take on big businesses like a restaurant or a grocery store.
Therefore, the name of the game in slip and fall injury cases is to move fast. In every case, we do the following:
- Secure pictures or videos of the scene of the accident.
- Seek witness statements from employees of the business and/or other people at the scene.
- Send spoliation letters to the business demanding that its associates not destroy any evidence.
- Seek insurance policy premiums from the business.
- Hire accident reconstructionists and safety experts as needed.
- Ensure you get the best possible medical treatment.
- Work with your treatment providers from the beginning to ensure a coordinated plan of legal attack that also gets your medical needs met.
Big Tampa Stores We Have Successfully Fought and Won
- Westshore Shopping Mall
- Memorial Hospital of Tampa
- Bars, restaurants, and clubs
- Private homeowners
Situations Where a Business Owner or Homeowner Can be Held Responsible for a Slip and Fall Accident in Tampa
- Wet floors
- Foreign substances on the floor
- Slippery floors
- Boxes or open merchandise left on the floor
- Uneven floors
- Insufficiently lit walkways or stairways
- Not enough lighting in other areas of the premises
- Stairs that are not up to code
- Poorly maintained sidewalks
- Poorly maintained parking lots
- Insufficient or negligent security
An Example: A Slip and Fall Case Against South Tampa Wal-Mart (Near I-275)
A client of ours injured his shoulder at a Tampa Wal-Mart after he slipped and fell on a foreign substance on the floor in the produce section.
Despite the chaos, our client’s wife was smart enough to snap a picture of the foreign substance on the floor. It was clear that Wal-Mart employees should have known about the dangerous condition and fixed the problem.
Our client tried conservative treatment, but ultimately surgery was the only way to fix his injured shoulder.
Now, the local Wal-Mart employees were nice enough to my client at the scene. But Wal-Mart is a big business, so the injury claim was sent to the corporate headquarters in Arkansas. From there, a claim representative tried to settle the case with our client (even though he was represented by a personal injury attorney) for $400!
From there, Wal-Mart battled with us every step of the way. We filed a lawsuit, proved our client’s pain and suffering, and settled the case for $165,000.
Do I Have a Case if The Business Claims I am at Fault?
What if the business owner claims that you contributed to your injuries?
Florida is a comparative fault state. That means if you are partially responsible for your own injuries, then your economic claim is reduced proportionally according to your fault.
However, you still have a case. The value of your case is simply reduced to account for your share of the blame.
For example, let’s assume that your slip and fall injury case results in a $500,000 settlement claim award for you. But the evidence proves you were 20% at fault in the accident.
In this case, the award for the settlement is simply reduced by the amount that you were at fault. Or 20% of $500,000, which reduces the net settlement claim in your slip and fall case to $400,000.