Florida slip-and-fall injury lawsuits are among the trickiest in which to prevail, thanks to a high proof burden standard in this (and many other states) requiring evidence the business had actual or constructive notice of the dangerous condition that caused the plaintiff to slip.
This is not to say they aren’t worth pursuing. Many slip-and-fall claims in Florida are actionable, and it’s especially important in cases where serious injury resulted to at least explore the viability of a claim. That’s because these incidents can result in serious and lasting injuries, depending on the floor material, how hard the person fell, at what angle they fell and how fragile their body was to begin with. Some of the most common injuries we see in Orlando grocery store slip-and-fall cases include: Head injuries (including traumatic brain injuries), hip fractures, back and spinal cord injuries, shoulder injuries, sprains and fractures (particularly of wrists and ankles).
However, in contested claims (where the insurer refuses to make a payment), before a court can consider the severity of your injuries and what you might be owed, there first must be a decision about whether the defendant business owner/ manager is negligent. Having an experienced injury lawyer on your case as soon as possible is imperative because certain critical evidence – which you might not even realize is important – could be lost forever if it’s not promptly preserved. For example, if you don’t know what you slipped on or how long it was there, you will have a very tough time prevailing in a slip-and-fall case. But it’s possible certain evidence – such as security surveillance footage – may offer key information that can help answer these questions – and save your case. However, if your attorney doesn’t request that it be preserved, it might be deleted by the store (common practice for many businesses with such cameras). Continue reading →