Slip and Fall Attorney in Winter Haven

When you or someone you love has been injured on another person’s property, you may be unsure how to proceed. If a property owner’s action or inaction has resulted in a slip and fall accident, they may be held legally liable for the resulting damage. 

Victims have the right to pursue financial compensation for the losses resulting from an injury caused by another party. Without a doubt, it can be challenging to recover financially after a slip and fall accident in the state of Florida. 

If you have been hurt in Winter Haven on another person’s property, do not wait. Contact the Winter Haven premises liability and slip and fall lawyers at Morgan and Morgan to determine your legal options. 

Our skilled team of Winter Haven premises liability and slip and fall lawyers can help you recover the money you deserve. You should not be required to cover the medical bills, lost wages, and other expenses arising from another person’s negligence. 

If you have slipped and fallen on another party’s premises in Winter Haven, FL, schedule a free consultation with our team. Complete the simple contact form on the Morgan & Morgan website to arrange a no-obligation legal case evaluation at no cost to you.

Understanding Premises Liability Cases in Florida

Premises liability is a legal concept that describes a duty of care for property owners and operators. This implied legal duty requires them to maintain their property in reasonably safe conditions for visitors.  

Premises liability says that if someone is hurt on another party’s property due to a dangerous condition, the property owner can be held accountable for the victim’s injuries.

The duty of care owed by the property owner depends on the visitor’s status on the property. The three common categorizations of visitors in Florida are:

• Invitees
• Licensees
• Trespassers 

Invitees are invited to a property for business or economic purposes. They are members of the general public entitled to do business on a property. A common example of an invitee is a customer shopping in a store or dining in a restaurant. 

Licensees are visiting the property with the owner’s permission as well. However, licensees are not present for business purposes. A typical example of a licensee is a social or recreational guest.  

People who are on another’s property without the owner’s permission are trespassers. Property owners generally owe a higher duty of care to invitees and licensees than to trespassers.

Duty of Care to Invitees

Under Florida state law, owners have a duty of care to ensure that their property is kept in a reasonably safe condition for invitees. They must also warn invitees of any concealed dangers on the property that the visitor might not notice through the use of reasonable care.  

If a property owner or operator knows about a hazard on their premises, they have a duty to either fix the hazard or to sufficiently warn invitees about it. Property owners who fail to fulfill this duty can be held responsible for any injuries sustained by invitees that result from the hazard. 

Property owners are not automatically responsible for all injuries that occur on their property. To successfully hold a property owner legally liable, the invitee must prove that their failure to maintain a reasonably safe condition or to adequately warn was a cause of the invitee’s injuries.

Duty of Care to Licensees

Licensees are not present on the owner’s property to do business or for another purpose that benefits the owner financially. Houseguests are a common example of licensee visitors under Florida state law. 

Property owners owe licensees a duty of care when they are present as well. In Florida, owners have a duty of care to ensure that their premises are safe and to warn licensees of any known dangers.  

Suppose that you invite a friend over to your home and they slip and fall because you left a wet floor accessible without warning them. In this case, you may be held financially responsible for their injuries because you had a duty of care to ensure the safety of your property. 

If you have been injured while visiting another person’s property, speak with the Winter Haven premises liability and slip and fall lawyers at Morgan & Morgan. We will happily review the facts of your case to help you take the most beneficial course of action.

Duty of Care to Trespassers

Under Florida state law, property owners and landowners do not have any duty of care to trespassers. These are visitors present on the premises without the owner’s permission. 

While trespassers are not owed a duty of care. There is one important exception to this rule. When landowners are aware that trespassers are present, they have the duty to adequately warn them of dangers or hazards that are not obvious. 

Suppose that a property owner is aware that children regularly cut across their premises while playing. If there is an unmarked sinkhole on the property and one of the children becomes injured as a result, the landowner may be legally accountable. No matter which type of visitor you are, it is important to explore your legal rights.

To recover financial compensation in a premises liability case, claimants typically must prove that the property owner was negligent. Beyond establishing yourself as a visitor, you must provide evidence to show that the at-fault party’s lack of care was the cause of your injuries and losses. 

Speaking with the Winter Haven premises liability and slip and fall lawyers at Morgan and Morgan will give you the best chance to secure compensation. Do not allow a negligent property owner to leave you with the costs and losses associated with your injuries.

Premises Liability and Slip and Fall Damages 

Following a slip and fall accident on another person’s property, victims may suffer numerous negative consequences. Some of these outcomes take the form of monetary losses.  

Other consequences from a slip and fall injury are intangible and difficult to quantify. Fortunately, slip and fall accident victims can pursue multiple categories of damages with the help of Winter Haven premises liability and slip and fall lawyers. 

In most Florida tort cases, injury victims can seek two kinds of financial damages: special and general.

Determining Special Damages

The term “special damages” refers to financial payments made by the at-fault party to compensate the victim for their monetary losses. Recovering from a slip and fall accident injury frequently involves mounting economic costs. 

When another person’s negligence has caused someone to sustain harm, the victim deserves justice. Some typical examples of special damages in Florida slip and fall cases include compensation for: 

• Rehabilitation bills
• Physical therapy costs
• Current and past medical expenses
• Anticipated future medical expenses
• Inability to earn income in the long term
• Loss of income or wages from missed work
• Property damage associated with the accident 

These are only a few examples of special damages available to Florida premises liability plaintiffs. It is critical to speak with Winter Haven premises liability and slip and fall lawyers in the immediate aftermath of an accident or injury. 

A skilled attorney at Morgan & Morgan will review the invoices, bills, receipts, and other financial documentation from your case. This review will allow them to accurately calculate the maximum amount of special damages you can hope to recover. 

Determining General Damages

General damages are financial payments awarded to reimburse a plaintiff for losses that are not easily quantifiable in monetary terms. These damages are intended to compensate the slip and fall accident victim for injuries or losses that are subjective and difficult to measure.  

Many of the most devastating outcomes from a personal injury do not come with a price tag. Because of this, these payments are also known as non-economic damages. 

Some typical examples of non-economic, or general, damages include payments to make up for: 

• Physical pain and suffering
• Decreased enjoyment of life
• Emotional turmoil and anguish
• Depression and episodes of anxiety
• Embarrassment or being ostracized
• Loss of consortium (in wrongful death claims) 

General damages are usually awarded in cases involving physical injuries.

It is difficult to calculate the value of a slip and fall victim’s general damages. There are multiple methods for calculating these types of losses. Consult with Winter Haven premises liability and slip and fall lawyers about the facts of your case to determine the non-economic damages you are owed.