Slip and Fall Attorney in Winter Haven
523 East Central Avenue
Winter Haven, FL 33880
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Winter Haven Premises Liability
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.
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
How do I know if I have a slip and fall claim in Winter Haven, Florida?
Every slip and fall case is different, but in all personal injury claims in Winter Haven, Florida, there are a few elements that we look at to see if you have a case. We check to see if:
- There were damages. In Winter Haven, personal injury lawsuits seek compensation for "damages," such as medical expenses, lost wages, and pain and suffering. To qualify for a lawsuit, the injury must entail significant associated costs, which may differ depending on the state.
- Someone else was at fault. To get compensation from someone else’s insurance company in Winter Haven, they must have acted negligently in a way that caused or contributed to your injuries.
- There’s enough insurance coverage. Personal injury lawsuits in Winter Haven are usually filed against insurance companies, not individuals. Those responsible must have enough insurance coverage to cover the injured person’s medical expenses or fully compensate them for their injuries.
If you are unsure if you have a case in Winter Haven, Florida, contact us. We're here to help.
What should I do immediately after a slip and fall accident in Winter Haven, Florida?
If you’ve been injured in a slip and fall accident in Winter Haven, Florida, you should first and foremost seek medical attention. Your health should be your top priority. Even if your injuries seem minor, get checked by a doctor, as some injuries may not appear immediately.
If you’re at a business or commercial property, notify the manager or property owner and request an incident report. Also, take photographs or videos of the scene, especially the hazard that caused your fall. If anyone saw the accident, get their contact details; their testimony may be important later.
As you recover from your injuries, document your medical treatment, any missed work, and other ways the injury has affected your life.
The second most important thing you can do is to consult an attorney in Winter Haven, Florida.
An experienced personal injury attorney can guide you through the legal process and protect your rights.
How long after a slip and fall accident can I file a claim in Winter Haven, Florida?
The statute of limitations sets the legal deadline for filing a lawsuit. The deadline varies by type of case and state.
If you’ve experienced a slip and fall in Winter Haven, filing your claim within the specified timeframe after the accident is crucial. Missing this deadline could impact your ability to pursue compensation.
However, it’s best to consult with an attorney in Winter Haven as soon as possible after the incident, as gathering evidence and building a case can take time. Your attorney can also assist you with filing everything correctly and on time.
How long does it take to resolve a slip and fall claim in Winter Haven, Florida?
The time it takes to resolve a slip-and-fall case can vary based on several factors, including the case's complexity, the severity of your injuries, and whether the property owner’s insurance company agrees to a fair settlement.
While some cases are settled within a few months, others may take a year or longer if litigation is required. At Morgan & Morgan, we work diligently to resolve cases efficiently while striving to secure the maximum compensation for our clients in Winter Haven, Florida.
Our army of over 1,000 trial-ready attorneys is prepared to fight to the very end for the compensation our clients in Winter Haven need and deserve to move forward with their lives. When you work with Morgan & Morgan, your attorney will keep you informed about the progress of your case at every step of the way.
Why should I hire Morgan & Morgan in Winter Haven, Florida?
At Morgan & Morgan, our team of experienced slip and fall attorneys has successfully represented countless clients in Winter Haven and similar situations, securing millions in compensation. As the country's largest personal injury law firm, with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.
At Morgan & Morgan, we operate on a contingency fee basis, so you don’t pay unless we win your case. Our motto, The Fee Is Free™, reflects our commitment to making justice accessible to everyone.
We are dedicated to holding negligent property owners in Winter Haven, Florida, accountable for the harm they’ve caused. You shouldn’t have to shoulder the burden of your injuries alone due to someone else’s negligence. Contact Morgan & Morgan in Winter Haven, Florida, today for a free case evaluation to learn more about your legal options.
How much does it cost to hire Morgan & Morgan in Winter Haven, Florida?
Morgan & Morgan’s slip & fall lawyers work on a contingency fee basis in Winter Haven, Florida, meaning there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win. Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.
What compensation can I recover for a slip & fall claim in Winter Haven, Florida?
The compensation you can recover from a slip and fall lawsuit depends on several factors, including the severity of your injuries, medical expenses, and the impact on your life. Generally, compensation may cover medical bills related to your injuries, lost wages from missed work while recovering, financial relief for the physical and emotional trauma caused by the accident (pain and suffering), diminished quality of life, permanent disability, or even future loss of earning capacity.
Since every case is unique, the amount of compensation will vary. An experienced attorney at Morgan & Morgan in Winter Haven, Florida, can assess your case and give you a clearer picture of what you may be entitled to. You can learn more with a free case evaluation.
Do I have to pay for a consultation with a slip & fall lawyer in Winter Haven, Florida?
No, consultations with Morgan & Morgan in Winter Haven, Florida, are free. We believe everyone should have access to legal support, regardless of their financial situation. Hiring one of our slip-and-fall lawyers is straightforward, and you can get started in minutes with a free case evaluation online or over the phone.
Who will be on my slip & fall case team in Winter Haven, Florida?
When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices across all 50 states and Washington, D.C. Your case in Winter Haven, Florida, will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team with a primary attorney overseeing your case and ensuring you receive personalized attention.
When do I meet with my slip & fall lawyer in Winter Haven?
After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way. Depending on your case’s requirements and your ability, these meetings can be conducted in person, virtually, or by phone.
Can I sue my landlord for a slip and fall claim in Winter Haven, Florida?
What happens if you slip and fall in your apartment building in Winter Haven and sustain an injury? Whether you can sue your landlord depends on the laws of Winter Haven, Florida.
Generally, a landlord is responsible for keeping all of a property’s common areas reasonably safe.
Like other property owners, landlords may be held responsible for paying damages to an injured party if they know about an unsafe condition or reasonably should have known about it and failed to address it.
Proving this depends on the specifics of each case. Courts typically evaluate factors such as the length of time the hazard existed and the severity of the condition. In some cases, landlords can also be held liable for slips and falls in a tenant's apartment.
When a new tenant moves into an apartment in Winter Haven, the landlord must inform the tenant of any known defects. Failure to notify a tenant of defects that the tenant could not have discovered during a reasonable inspection of the property could result in liability if a slip and fall accident occurs. A landlord may also be liable for slips and falls within a tenant’s apartment when a building code or ordinance is violated. As always, it depends on the circumstances of the case and local Winter Haven laws.
Can I file a slip and fall lawsuit against a business in Winter Haven, Florida, if I didn’t report it immediately?
You can still file a lawsuit in Winter Haven, Florida, even if you didn’t immediately report the slip and fall accident. However, reporting the incident as soon as possible strengthens your case, creating an official record of what happened. If you didn’t report it immediately, you’ll need to provide other compelling evidence to support your claim, such as witness statements from people who saw the accident, medical records that tie your injury directly to the fall, or photographs or videos showing the hazardous condition.
A Morgan & Morgan attorney in Winter Haven can help you collect the necessary evidence and build a strong case, even if you delay reporting the incident.
Who is responsible if I slip and fall at an Airbnb in Winter Haven, Florida?
Airbnb is a popular alternative to traditional hotels and other standard accommodation options for travelers worldwide, including those visiting or staying in Winter Haven, Florida.
Staying in homes and other properties listed on the service is often more affordable than hotels or resorts, but what happens if you or your family get hurt at someone else’s property? Whose insurance covers your slip and fall accidents?
Airbnb is known for providing hosts with Host Protection Insurance, the primary insurance policy for hosts during a guest’s stay, and carries $1 million worth of coverage per stay. If you’re injured on a host’s property, you’d likely seek compensation for your medical bills and other expenses from Airbnb’s insurer. Airbnb’s million-dollar insurance policy applies on a per-occurrence basis for an accident involving bodily injury or property damage, according to Airbnb materials on its site.
Can I file a slip and fall lawsuit if my injury occurred on government property in Winter Haven, Florida?
If you were injured in a slip and fall on government property in Winter Haven, Florida, you could file a lawsuit, but there are extra steps to follow. First, you must submit your claim notice to the government. You may file a lawsuit if they deny your claim or don’t respond. Because the process is more complex than regular slip and fall cases, it’s a good idea to talk to an attorney with experience with these types of claims.
When do slip and fall accidents happen in Winter Haven, Florida?
Trip, tumble, slip, and fall accidents can happen anywhere —from grocery stores and shopping malls to sidewalks and workplaces. Understanding the most common causes can help victims recognize when they may be entitled to compensation.
Wet or Slippery Surfaces: Wet or slippery floors are the leading cause of slip-and-fall accidents. Hazards like water, oil, or other liquids from spills, leaks, or cleaning activities can create dangerous conditions that often catch people off guard. Businesses and property owners are responsible for keeping floors dry or placing warning signs when wet.
Uneven Flooring or Sidewalks: Cracked, uneven, or poorly maintained flooring and sidewalks are frequent culprits in slip and fall accidents. These include torn carpets, broken tiles, unstable or loose floorboards, and even raised sidewalks due to tree roots and weathering. Property owners are expected to repair or mark uneven surfaces to prevent accidents.
Inadequate Lighting: Inadequate lighting can hinder the visibility of obstacles, uneven surfaces, or wet areas, raising the risk of slip-and-fall accidents. This lack of visibility is particularly hazardous in parking lots, stairwells, hallways, entrances, and exits.
Poor property maintenance often results in inadequate lighting, and the property owner is responsible for ensuring that all areas are well-lit and safe for visitors.
Clutter and Obstacles: Debris, wires, merchandise, and other items left in walkways pose tripping hazards in high-traffic areas. Property owners and employees are responsible for keeping floors free of obstacles.
Defective or Broken Staircases: Broken handrails, loose steps, and uneven stair heights are common causes of staircase falls. Property owners and managers are responsible for properly maintaining staircases and ensuring they comply with safety codes to prevent accidents. Staircase falls can lead to particularly severe injuries, such as head trauma or spinal damage.
Weather Conditions: Rain, snow, and ice can lead to dangerous conditions, particularly when not properly addressed. Icy sidewalks, slick entryways, and rain-soaked floors significantly raise the risk of slip-and-fall accidents. Although property owners can’t control the weather, they are responsible for taking reasonable measures to reduce hazards, such as shoveling snow, salting icy surfaces, and providing mats for wet footwear.
How can I hold a negligent property owner accountable in Winter Haven, Florida?
If you’ve been injured in a slip-and-fall or another accident on someone else’s property in Winter Haven, Florida, you may be able to hold the property owner accountable for their negligence. In Winter Haven, property owners have a legal duty to maintain safe premises and can be held liable for injuries if they fail to fulfill this responsibility.
Premises liability law in Winter Haven, Florida, requires property owners to be accountable for injuries resulting from unsafe conditions on their property. This law applies to various locations, including homes, businesses, apartment complexes, and public spaces throughout the city. To succeed in a premises liability claim, you must prove that the property owner’s negligence directly caused your injury.
You must demonstrate that:
- The property owner owed you a duty of care: This duty varies depending on your status as a visitor. For example, customers are owed the highest duty of care in retail spaces, while trespassers are generally afforded less protection.
- They breached that duty: The property owner failed to fix or warn you about hazardous conditions, such as a wet floor or broken handrail.
- The breach caused your injury: There must be a clear connection between the unsafe condition and your injury.
- You suffered damages: You must show that your injury led to damages such as medical bills, lost wages, or pain and suffering.
Collect evidence such as photographs or videos of the hazard, witness statements, incident reports, and medical records documenting your injuries and treatment to achieve this. Notify the property owner to ensure the incident is officially recorded. Finally, contact a slip and fall lawyer at Morgan & Morgan in Winter Haven.
Premises liability claims can be complex, and having an experienced attorney in Winter Haven, Florida, by your side will increase your chances of a successful outcome. At Morgan & Morgan, we have over years of experience handling premises liability cases, and we know what it takes to hold negligent property owners accountable. Our attorneys work diligently to gather evidence and build a compelling case that proves the property owner’s responsibility for your injury.
If negotiations with the property owner’s insurance company in Winter Haven, Florida, do not result in a fair settlement, your attorney may advise filing a premises liability lawsuit. This action seeks to legally and financially hold the property owner accountable for your injury. Compensation can cover medical expenses, lost wages from missed work, and pain and suffering.
How can a slip & fall injury impact your life in Winter Haven, Florida?
Although a slip and fall injury may initially seem minor, its consequences can be severe and long-lasting. These accidents often result in physical, emotional, and financial challenges that impact nearly every part of one's life. At Morgan & Morgan, we recognize the profound impact slip and fall injuries can have and are dedicated to assisting Winter Haven, Florida, victims in obtaining the compensation they deserve.
Physical Impact
A slip and fall injury's most immediate and noticeable effect is the bodily harm it causes. Injuries can range from minor bruises to severe, life-altering conditions, such as:
- Broken bones: Fractures in the arms, wrists, ankles, or hips are common, especially in older adults.
- Head injuries: Slip and fall accidents can cause traumatic brain injuries (TBI), concussions, or skull fractures, potentially resulting in lasting cognitive and physical impairments.
- Spinal cord injuries: A fall can damage the spine, leading to chronic pain, limited mobility, or even paralysis in severe cases.
- Soft tissue injuries: Ligament tears, sprains, and strains can cause persistent pain and may require months of rehabilitation. These injuries often require surgery, physical therapy, or prolonged hospital stays, disrupting daily life and reducing independence.
Emotional Impact
The emotional toll of a slip and fall injury can be just as significant as the physical damage. Victims in Winter Haven, Florida, may experience:
- Anxiety and fear: After an accident, it’s natural to feel anxious about walking in public spaces or even in your own home, fearing the possibility of another fall.
- Depression: The loss of mobility or independence can lead to feelings of hopelessness and depression, especially if the injury stops you from working or engaging in activities you once loved.
- Social isolation: If your injury limits your ability to engage in social activities, you may feel cut off from your community, contributing to loneliness and emotional distress. These emotional struggles are a legitimate and important part of the recovery process, and victims deserve compensation for the mental anguish caused by a slip and fall accident.
Financial Impact
The financial burden of a slip and fall injury can be daunting. Costs for medical treatment, rehabilitation, and long-term care can add up quickly, putting victims at risk of serious financial difficulties without adequate compensation. Key economic challenges include:
- Medical bills: Hospital visits, surgeries, physical therapy, medications, and ongoing medical care can quickly become expensive, especially if your injury requires long-term treatment.
- Lost wages: If your injury prevents you from working, it could result in a loss of income for weeks or even months. In some cases, victims may be unable to return to their previous jobs or experience a diminished earning capacity because of the injury.
- Rehabilitation costs: Extended physical therapy, home adaptations, and assistive devices like wheelchairs or walkers can significantly strain finances. A successful slip-and-fall claim can provide the necessary financial support to cover these costs, enabling victims to concentrate on their recovery without the extra stress of monetary concerns.
Impact on Quality of Life
A serious slip and fall injury can significantly reduce your quality of life. You may face challenges in performing daily activities, such as:
- Loss of mobility: Injuries like fractures or spinal damage can limit your ability to move freely or care for yourself.
- Chronic pain: Many slip and fall injuries cause persistent pain that can impact your ability to sleep, work, or enjoy leisure activities.
- Loss of independence: Some victims may need help with personal care or mobility, requiring them to depend on others or transition to assisted living facilities.
In some instances, these changes become permanent, leaving victims with a reduced quality of life that affects their ability to participate in hobbies, sustain relationships, and enjoy daily activities.
What kind of evidence do I need to prove a slip and fall accident was caused by negligence in Winter Haven, Florida?
To successfully prove that a property owner’s negligence caused your slip and fall accident in Winter Haven, Florida, you’ll need to gather solid evidence, including:
- Photographs or videos of the hazardous condition: Take photos of the wet floor, broken steps, uneven surfaces, or any other dangerous condition that led to your fall in Winter Haven, Florida.
- Witness statements: Collect statements from anyone who saw the accident or can confirm the hazardous condition.
- Incident reports: If the accident happened at a business or other commercial property in Winter Haven, Florida, ask for an incident report and obtain a copy.
- Medical records: Ensure your medical records document your injuries, the treatment you’ve received, and how the injury affects your daily life.
- Maintenance logs or inspection reports: These reports can show whether the property in Winter Haven, Florida, was regularly checked for hazards or whether safety standards were neglected.
This evidence can help prove that the property owner or manager failed to take reasonable steps to prevent accidents.
What should I do if the property owner in Winter Haven, Florida, claims they were unaware of the hazardous condition that caused
In Winter Haven, Florida, a property owner who claims to be unaware of the hazardous condition that caused your slip and fall can still be held liable if negligence is proven. Property owners are responsible for maintaining reasonably safe conditions, which includes conducting regular inspections to identify and address potential hazards.
To strengthen your case in Winter Haven, Florida, gather evidence such as:
- Photo or video evidence: taken of the hazardous condition.
- Witness statements: from others who saw the condition.
- Maintenance logs: showing whether the property was regularly inspected and maintained.
If the hazardous condition had existed for a long time or was obvious, the owner’s claim of unawareness might not absolve them of responsibility.