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When they cut corners or were careless

Florida Trip and Fall Injury lawyer

Easy to Overlook


There are many types of trip and fall accidents that can occur on public and private property. As part of a person’s daily routine, it is common to visit the grocery store, the gym, go out to a restaurant, visit a shopping center, or go to work at an office building.

When you think about it, much of our time is spent on someone else’s property. If you have been injured in a trip and fall accident while on someone else’s property, even if it seems like a minor injury, it is important that you seek immediate medical attention.

Attention to Detail

Building Codes & Accesibility

Different rules for Different Places

The Florida Building Code  often sets the standards that businesses must comply with when designing a safe store front for customers and patrons. Who can be held responsible for a trip and fall accident depends on the location of the fall, but also lease agreements, municipal and state legal codes and ordinances, just to name a few. 

For example,  liability for an accident involving a grocery store customer or employee trip and fall on a bunched entrance mat, or slip and fall on a spilled drink left in the aisle, will be attributable to the store, the premises owner/landlord, and/or their agents such as third party independent contractors like a cleaning service or security company. 

If that person was injured as a result, they could have grounds for a premise liability claim. Accordingly, knowing the identity of responsible entities is a crucial first step to holding the negligent party(s) accountable for their actions which caused the trip and fall accident. 

Like all businesses that are open to the public, store front owners/operators have a legal obligation to maintain a reasonably safe premises for the protection of their patrons. If you have been hurt in a trip and fall accident anywhere in the State of Florida, Delgado Trial Attorneys can help review your claim and fight for your rights to receive compensation for your injuries.  

The Duty of Care: Correct the Danger or Warn of It

In premises liability cases, simply saying that the property owner violated his or her duty of care is not enough. The burden of proof is on the injured person to show that their injuries were a direct result of the property owner’s negligence or failure to meet his or her duty of care.

Negligence must be proven in a Florida premises liability claim by admissible evidence. Forms of negligence can include:

  • Failure to maintain the property;
  • Failure to safely design the property or make it accessible;
  • Failure to thoroughly inspect the property;
  • Not fixing / repairing a dangerous condition;
  • Failure to provide adequate warning of the known dangerous condition.

In addition, the Florida Building Code’s standards for design professionals like architects and engineers must comply with when building or renovating a commercial premises can form a basis for liability. Failure to comply with the specific safety laws found in the building code can also form a basis for establishing negligence if certain additional conditions are met. 

Winning the Case: how it's done

To succeed, the plaintiff must prove the following elements to win a trip and fall personal injury case:

  1. Duty of Care: Plaintiff must show that the property owner had a certain duty of care to ensure that the premises is free from any hazards that are either known to him or her or should have been reasonably known. As soon as these hazards are discovered, this duty of care requires the owner to fix them as soon as reasonably possible.
  2. Failure to Meet Duty of Care: Plaintiff must show that the property owner was negligent in failing to remove or notify patrons of the hazard, resulting in their trip and fall and subsequent injury.
  3. Injury: Lastly, a plaintiff must prove that this failure of the property owner to meet his or her duty of care is the proximate cause for the injuries sustained in the fall.

Common defenses, such as assumption of risk or comparative negligence, will almost always be raised to keep the injured person from receiving compensation for their injuries. This is why you need an experienced Florida trip and fall injury lawyer on your side, to not only prove all the elements necessary to win your case but to fight off any defenses raised by the other side.

The value of your case: Economic & non-Economic Damages

Trip and fall accidents can result in a variety of injuries. While some are minor, others can be debilitating and have long term consequences. Some of the most common injuries in trip and fall accidents include: broken bones, soft tissue injuries, traumatic brain injuries (TBI’s), hip fractures, sprained ankles or wrists, cuts and abrasions, shoulder injuries, neck injuries, back and spinal cord injuries, and knee damage.

The severity of your injury and the cost it has had on your life, both financially and psychologically, determine the value of an injury case. That cost, known as damages, forms the basis for any verdict or financial settlement in a trip and fall case and any other premises liability cases. Damages for premises liability in Florida often include some or all of the following:

  • Medical Bills
  • Ongoing Medical Care
  • Lost Wages
  • Physical Therapy
  • Loss of Earning Capacity
  • Disfigurement
  • Scarring
  • Prosthetic medical devices
  • Pain and Suffering
  • Shame
  • Embarrassment

They can also give rise to derivative claims by an accident victim’s spouse or partner for loss of consortium. 

Hiring an Experienced trip and Fall Accident law firm

At Delgado Trial Attorneys, we have been fighting for the rights of the injured for over a half century. Our experience allows us to effectively strategize and advocate for every client we represent. Counseling clients through their most difficult times is at the core of our legal practice. We make sure our clients understand the process to eliminate unnecessary stress and anxiety. This is especially true for first time accident victims unfamiliar with the adversarial nature of making a claim. We believe in ensuring our clients understand exactly what lies ahead, providing them the peace of mind they need for recovery and treatment while we fight for their rights. Email or call us today at (305) 596-7911 and speak with an experienced Florida trip and fall injury lawyer for a free consultation. Virtual sign-ups available.


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