However, the person you are suing might try to claim that you were partially at fault for the fall. Under Florida’s comparative negligence laws, you might receive part of the fault, which will affect how much compensation you can receive in an accident claim.

What Is Comparative Negligence?

Comparative negligence is a legal principle that allows a person filing a personal injury claim to recover compensation for their damages even if they are partially at fault. However, the recovery decreases based on the person’s degree of fault. For example, if the court determines that you share 10% of the blame for your accident, you can only recover 90% of your damages.

Florida enforces a modified version of the comparative negligence rule. In Florida, you cannot recover any damages whatsoever if you bear 50% of the fault or more. This makes it extremely important to prove that the other party bears the majority of the blame for your fall.

How Does Florida Law Divide Fault in Slip and Fall Cases?

When allocating fault in a slip and fall case, Florida courts will consider several factors:

• Was the property owner responsible for the unsafe condition?
• Did the property owner have enough time or opportunity to correct the unsafe condition?
• Did the property owner post a warning, such as a “wet floor” sign?
• Was the plaintiff distracted or negligent in paying sufficient attention to their surroundings?
• Was the plaintiff engaging in reckless behavior, such as “horseplay?”

If it seems as though both parties shared in the fault, courts might also consider the severity of the unsafe condition. If it were a severe hazard, such as a dark stairway, then the court will likely assign a majority of fault to the property owner. If it were a minor hazard, such as a very small spill, the property owner might argue that it is unreasonable for them to be held fully liable.

How Can You Prove the Other Party’s Fault?

The first step in proving the other party’s fault in a slip and fall case is to establish that they owed a duty of care toward you. For example, a grocery store or a hotel has a duty of care toward all customers or guests. They have an obligation to maintain safe premises for everyone. On the other hand, a private property owner does not necessarily owe a duty of care toward trespassers.

You must then prove that the property owner violated their duty of care toward you. This means providing evidence that there was an unsafe condition that they had ample time and opportunity to correct. Taking photographs of the unsafe condition can be very effective for supporting your claim. You can also use statements from other guests on the property who saw the unsafe condition themselves.

Can You Establish Your Lack of Fault?

Proving that you did not contribute to a slip and fall accident requires showing that you took reasonable precautions while on someone else’s property. You may need to prove that you paid adequate attention to your surroundings or that you used handrails while on the stairs. You might also require proof that the hazard was not an “open and obvious danger.”

The best way to do this is by working closely with a personal injury lawyer. Your lawyer will be fully aware of your rights and how to protect them. They can make sure that the insurance company does not take advantage of you. Your lawyer will also help you gather evidence to reduce your share of fault, such as witness statements, medical reports and expert testimony. 

Contact the Slip and Fall Lawyers at Kogan & DiSalvo

Filing a slip and fall claim can be an overwhelming process, and comparative negligence laws only make it more stressful. At Kogan & DiSalvo Personal Injury Law, we are here to advocate for you at every step while you focus on recovering from your injuries. Contact us today to learn more about how our slip and fall lawyers can help you get the compensation you deserve.

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Personal Steps to Take After a Slip and Fall Accident

Your health and safety are the top priorities after a slip and fall accident. Taking these personal steps can help you address injuries, prevent further harm, and lay the groundwork for recovery.

Seek Medical Attention Immediately

Even if you feel fine, some injuries, like concussions or soft tissue damage, may not show symptoms right away. Visit a doctor, urgent care center, or emergency room as soon as possible to get a thorough evaluation. Prompt medical attention not only protects your health but also creates a record of your injuries, which is crucial for a legal claim. Be sure to follow your doctor’s treatment plan, attend follow-up appointments, and keep all medical records, as these documents demonstrate the extent of your injuries and the care required.

Report the Accident

Notify the property owner, manager, or landlord about the accident as soon as you can. For example, if you fell in a Florida business, inform the store manager or staff. Request that they create an incident report and ask for a copy. Reporting the accident establishes an official record of the event, which can support your claim later. Be factual when describing the incident, but avoid admitting fault or speculating about the cause, as these statements could be used against you.

Take Care of Your Immediate Needs

If you’re injured and unable to move, ask for help from bystanders or call emergency services. If you’re able, move to a safe area to avoid further injury, but only if it’s safe to do so. Take note of your physical condition, including any pain, dizziness, or discomfort, as these details will help your doctor and attorney assess your injuries. If possible, ask someone nearby to stay with you until help arrives or you’re able to leave the scene.

Document Your Injuries

As soon as you’re able, take photos of any visible injuries, such as bruises, cuts, or swelling. Continue documenting your injuries over time, as some conditions, like scarring or chronic pain, may develop or worsen. Keep a journal of your symptoms, including how the injuries affect your daily activities, such as walking, working, or sleeping. This personal record can help demonstrate the impact of the accident on your life, supporting claims for pain and suffering.

Legal Steps to Take After a Slip and Fall Accident

To pursue a successful premises liability claim in Florida, you must prove that the property owner’s negligence caused your accident. Taking these legal steps immediately after a slip and fall helps preserve evidence and builds a strong case.

Gather Evidence at the Scene

If you’re physically able, collect evidence at the accident scene before leaving. Take clear photos or videos of the hazardous condition that caused your fall, such as a wet floor, uneven stairs, or poor lighting. Capture the surrounding area, including any warning signs (or lack thereof) and the general environment, like a crowded store aisle. If there were witnesses, ask for their names and contact information, as their statements can corroborate your account of the incident. In Florida, premises liability cases often hinge on proving the property owner knew or should have known about the hazard (Florida Statute 768.0755), so detailed evidence is critical.

Preserve Physical Evidence

Keep any physical items related to the accident, such as the shoes or clothing you were wearing, in their original condition. For example, if your shoes were wet from a spill, don’t clean them, as they may serve as evidence of the hazardous condition. Store these items in a safe place and inform your attorney, who can use them to support your claim. Physical evidence can help demonstrate the nature of the hazard and refute claims that you were careless.

Avoid Giving Statements to Insurance Companies

After a slip and fall, the property owner’s insurance company may contact you to discuss the incident or offer a quick settlement. Be cautious, as insurance adjusters often aim to minimize payouts. Avoid giving recorded statements or signing documents without consulting an attorney, as these could weaken your claim. Politely decline to discuss details and refer the insurer to your lawyer. In Florida, insurance companies must act in good faith (Florida Statute 624.155), but they may still use tactics to undervalue your injuries.

Contact a Slip and Fall Attorney

Consult an experienced personal injury attorney as soon as possible to protect your rights. In Florida, the statute of limitations for premises liability cases is generally two years from the date of the accident (Florida Statute 95.11(3)(a), amended in 2023), but gathering evidence early is essential for a strong case. A skilled attorney will investigate the accident, interview witnesses, and analyze property maintenance records to prove negligence. At Kogan & DiSalvo, our slip and fall lawyers offer free consultations to evaluate your case and guide you through the legal process, ensuring you meet all deadlines and requirements.

Document Financial Losses

Keep track of all expenses related to the accident, including medical bills, prescription costs, travel expenses for doctor visits, and any lost wages if you’re unable to work. If your injuries prevent you from returning to your job long-term, note how they affect your earning capacity. These records help quantify economic damages in your claim. For non-economic damages, like pain and suffering, your attorney will use medical records and your symptom journal to demonstrate the emotional and physical toll of the accident.

Why Immediate Action Matters In Slip And Fall Accidents

Taking prompt personal and legal steps after a slip and fall accident is crucial for several reasons. First, seeking medical care ensures your injuries are diagnosed and treated before they worsen, protecting your health and creating a paper trail for your claim. Second, collecting evidence at the scene preserves critical details that may disappear, such as a spill being cleaned up or a broken step being repaired. Third, reporting the accident and consulting an attorney early helps establish a timeline and prevents the property owner from denying knowledge of the hazard. In Florida, premises liability cases require proving that the property owner had actual or constructive knowledge of the dangerous condition and failed to address it, making timely documentation essential.

Failing to act quickly can weaken your case. For example, if you delay medical treatment, the defense may argue that your injuries were caused by something else or aren’t as severe as claimed. Similarly, if you don’t gather evidence promptly, the hazardous condition may be corrected, making it harder to prove negligence. By taking these steps immediately, you position yourself for the best possible outcome, whether through a settlement or a trial.

How The Personal Injury Lawyers At Kogan & DiSalvo Can Help

At Kogan & DiSalvo, our Florida personal injury attorneys have over 28 years of experience fighting for slip and fall victims throughout Florida. We understand the tactics property owners and insurance companies use to avoid liability, and we’re committed to holding negligent parties accountable. Our team will conduct a thorough investigation, gathering evidence like surveillance footage, maintenance logs, and expert testimony to prove the property owner’s failure to maintain safe conditions. We handle all communications with insurers, protecting you from lowball offers, and fight for maximum compensation for your medical bills, lost wages, pain and suffering, and other damages.

We know that slip and fall accidents can leave you feeling overwhelmed, especially if you’re facing mounting medical costs and time away from work. That’s why we offer free consultations and work on a contingency fee basis—you pay nothing unless we win your case. If you’re unable to visit our office, we’ll meet you at your home or hospital in Florida, ensuring you have access to the legal support you need.

Take the First Step Toward Justice Today

If you’ve been injured in a slip and fall accident, don’t wait to take action. The steps you take immediately after the incident can make or break your ability to secure fair compensation. Contact Kogan & DiSalvo Personal Injury Lawyers today at (954) 733-6300 or online for a free, no-obligation consultation. Our dedicated Florida slip and fall attorneys will review your case, guide you through the legal process, and fight tirelessly to protect your rights. Let us handle the legal burden so you can focus on healing and moving forward.

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If you tripped and got hurt because of an uneven sidewalk that a property owner or municipality neglected to maintain, you might be entitled to compensation. This can help cover medical expenses, lost income and the emotional toll of your injuries. Here’s what you need to know about who might be liable for your fall and how our team at Kogan & DiSalvo can help you get the justice you deserve.

Who Is Liable for Accidents and Injuries on Uneven Sidewalks?

Responsibility for an uneven sidewalk can fall on different parties, depending on the circumstances. Either a public or private entity could be at fault.

The parties that are most commonly liable are:

• The property owner: Usually, whoever owns the building adjacent to a sidewalk is responsible for keeping it in good condition, whether it’s a homeowner or a business owner.
• Homeowners associations (HOAs): If you live in a community managed by an HOA, the HOA may also share liability for the sidewalk’s condition.
• Tenants or occupants: If the property is leased, the tenant may be responsible for maintaining the sidewalk and ensuring it’s safe. In most cases, that tenant or organization assumes liability for accidents and must have insurance to cover such events.
• State and local government agencies: The city or state is generally in charge of maintaining and repairing public sidewalks, as well as cordoning off dangerous areas under construction. If those agencies fail to do so, they could be held liable.

In some cases, more than one party could share responsibility. If that’s the case, you may need to file claims against multiple parties to get the full compensation you deserve.

What Causes Uneven Sidewalks?

Sidewalks can be made from concrete, asphalt, stone, brick or even rubber and wood. No matter how durable or well-built, all of these materials degrade over time, leading to cracks, crumbling and uneven surfaces. Tree roots in the area can push up under a walkway and cause structural damage.

A work accident, weather event or poor construction can create potholes or missing placement slabs. Subpar construction can result in curbs being too high or not properly aligned at crosswalks and other places where walkways meet, creating a tripping hazard.

A sidewalk can also become temporarily uneven when items are left on or near it, creating obstacles that can cause people to trip and get hurt. Fallen limbs or leaves, eroding mud, growing moss or spilled sand can make the sidewalk slippery and unsafe. The same is true when workers leave tools, cords, equipment and trash behind.

Identifying the causes of uneven sidewalks helps determine who may be responsible for the hazard and liable for any injuries that occur.

How Do You Prove Someone Is Liable for an Uneven Sidewalk? 

In Florida, the burden of proof falls on you as the plaintiff, meaning you have to show that someone else’s negligence caused your injury.

Understand the Principle of Negligence

To have a successful claim, you need to show that your injury was caused by negligence. To prove negligence, you must establish:

1. A dangerous condition existed and made the sidewalk uneven.
2. The responsible party knew of the sidewalk’s hazardous condition or should have known about the hazard. 
3. Sufficient time had passed for the responsible party to correct the condition or at least place warnings about the hazard.
4. You were unlikely to discover the dangerous condition on your own.

The principle of reasonableness determines whether the responsible party was actually negligent. For instance, if a tree limb fell overnight in front of a store and you tripped before anyone had the chance to clear it, the store owner may not be liable. That’s because it wouldn’t be reasonable to expect the owner to clean up the tree before they knew about it. But if that hazard had been there for days or weeks, the owner’s failure to address it could be considered negligence.

Provide Proof

To prove negligence, you need solid evidence. Photos and videos of the scene and your injuries are important. Getting these soon after the accident strengthens your case, especially because the responsible party may quickly fix or hide the hazard.

Other types of documentation can also help. Keep medical records, bills and diagnoses of your injuries. Find out if surveillance footage, online posts or complaints to the at-fault party show that someone knew or should have known about the uneven sidewalk. 

Try to get the contact information of any witnesses who saw your accident so they can provide a statement later. Expert witnesses who can explain the cause of your injuries or reconstruct the accident can also help prove your case.

Collecting, organizing and effectively presenting this evidence is challenging — even more so when you’re healing from a fall. Our firm has the resources to get the necessary evidence quickly, so don’t delay in reaching out to see how we can help.

What Kind of Compensation Can You Get for an Injury Claim?

If you prove that another party’s negligence led to your injuries on an uneven sidewalk, you may be able to recover damages for:

• Current and future medical treatment, medicine, equipment and modifications for your fall injuries
• Lost wages, employment or earning capacity
• Pain and suffering
• Psychological or emotional trauma from the incident

If the injuries become fatal, the family can file for these damages on behalf of the deceased and request other compensation related to a wrongful death claim, such as funeral and burial expenses.

However, if your claim is against a government agency, the state caps damages at $200,000 per person and $300,000 per incident. If your damages exceed that amount, you might be able to file a claims bill with the state legislature to seek a higher payment.

How Much Time Do You Have To File a Claim for Sidewalk Injury?

You must file personal injury cases against a private party within two years. If your case is against a government entity in Florida, you have three years to submit a claim in writing.

Were You Injured by an Uneven Sidewalk? Contact Our Slip-and-Fall Lawyers Today

Falls caused by uneven sidewalks can have long-lasting impacts and turn your life upside down. If you’ve been hurt, don’t hesitate to explore your options for compensation.

Contact our team at Kogan & DiSalvo today for a free case review. We’ll walk you through your options and help you take the next steps toward getting the justice you deserve.

_{Photo by Scott Webb}

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If the negligence of a property owner caused you to slip and fall, you may be entitled to compensation for the injuries and damages you sustain. The amount of compensation in your claim is directly related to how seriously you are hurt.

Ultimately, there is no accurate way to calculate the “average” payout for a slip and fall accident. Every case is different, and your specific losses need to be accounted for to determine what represents fair compensation.

A West Palm Beach slip and fall accident lawyer can determine how much compensation you are due and pursue the full recovery of damages in your case. Contact Kogan & DiSalvo today for a free consultation, or call (561) 375-9500 to learn more.

How Is a Slip & Fall Payout Calculated?

After a slip and fall accident, a lawyer can help you identify (a) who is responsible for the safety of the premises and (b) what insurance coverages are available. Homeowners insurance, renters insurance, and commercial property insurance carriers handle premises liability claims brought by injured parties alleging negligence on the part of property owners and occupants.

The insurance company will perform an investigation to determine how the slip and fall accident occurred and whether the property owner is liable for your injuries. An insurance adjuster will also review the damages in your claim and the relief (i.e., financial compensation) you are seeking.

When faced with a claim, insurance companies typically have two priorities:

1. Pay as little as possible
2. Avoid trial

If the evidence against the insured (i.e., the property owner, a residential or commercial tenant, etc.) is overwhelming, the insurance carrier may offer a higher payout to reduce the likelihood that you will file a lawsuit. However, there is no way to know if a settlement is fair unless you speak to a lawyer.

Evaluating a Slip & Fall Accident Settlement Offer

Before you agree to a settlement, it is important for you and your slip and fall accident lawyer to determine if the offer fairly compensates you for your damages. You may be entitled to compensation for losses such as:

• Medical bills
• Lost wages
• Loss of earning capacity
• Other out-of-pocket expenses, such as the cost of assistive devices, healthcare-related travel, etc.
• Pain and suffering
• Disability
• Loss of consortium

Generally, insurance companies will not offer to pay the full value of damages in your claim. Non-economic damages (such as pain and suffering) are especially undervalued by insurance adjusters, who rely on formulas to estimate how much the company should pay.

Your attorney will consider multiple forms of evidence to calculate the full extent of damages in your slip and fall accident claim. If the insurance company’s offer falls short of what you are owed, your lawyer can attempt to negotiate a fair settlement on your behalf.

Multiple factors may influence the willingness of the insurance company to negotiate. For example, the insurer may offer a larger settlement if you have a high likelihood of winning in the event that the case goes to trial. However, if the carrier disputes the amount of damages or suspects the case is unlikely to succeed at trial, settlement negotiations may not progress.

Taking a Slip & Fall Accident Case to Court

When a personal injury claim is resolved at trial in favor of the plaintiff, the result is often many times greater than what insurance companies offer to settle the case. However, the potential for success must be weighed against the uncertainty that comes with going to court.

Hiring an experienced slip and fall accident lawyer is essential for maximizing your recovery at trial. As with a settlement payout, the compensation you may be able to win at trial will depend on the nature and severity of your injuries, the type of damages you have sustained, and other factors. The court may also reduce your damages award if it is determined that you were partially at fault for the slip and fall accident.

Insurance companies are represented at trial by skilled lawyers who know how to mount effective challenges to the claims brought by those injured on dangerous properties. With an experienced, Board-Certified trial lawyer on your side, your rights are protected and you will have the opportunity to secure the compensation you deserve.

Contact a West Palm Beach Slip & Fall Accident Lawyer at Kogan & DiSalvo Today

Accurately calculating your damages after a slip and fall accident is challenging. Without qualified legal guidance, you may undervalue your claim and settle for less than it is worth.

The attorneys at Kogan & DiSalvo have extensive experience representing clients injured in slip and falls and other types of premises liability claims. We have achieved millions of dollars in verdicts and settlements on behalf of those harmed by dangerous conditions on a variety of properties. Our team is proud to help you with all aspects of your case, from filing the claim to negotiating a fair settlement to going to trial as necessary.

Please call (561) 375-9500 today for a free consultation with a West Palm Beach slip and fall accident lawyer. Kogan & DiSalvo serves clients across Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, West Palm Beach and throughout Florida.

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However, the existence of an unsafe condition on the premises or the absence of a particular safety feature does not automatically entitle you to compensation if you are injured on the property. Premises liability law – the law governing the rights of those injured on a property – can be complicated, which is why it is important to speak to an experienced attorney about your case as soon as possible.

The premises liability lawyers at Kogan & DiSalvo have extensive experience holding property owners accountable for injuries caused by slip and falls, negligent security, and other issues. Contact our law firm, or call (561) 375-9500 today for your free case review.

What Are My Rights If I Am Injured on a Property?

Your right to compensation is determined in large part by the duty owed to you by the property owner. Legally, there are three distinct categories of people who may use a property. Your status under the law plays a major role in the viability of your premises liability claim:

• Invitee: An invitee is someone who enters a property with the express or implied permission of the owner. A friend or family member visiting a residential owner, patrons of a commercial business, and residents of a property (i.e., an apartment building or condominium) and their guests all qualify as invitees.
• Licensee: A licensee has a lawful right to enter the premises, but does so for his or her own purpose. A solicitor is a good example of a licensee.
• Trespasser: A trespasser is someone who enters a property without the express or implied permission of the owner. Trespassers have limited legal rights in the event that they are injured on a property.

Property owners have an obligation to keep the premises free of hazards and warn invitees and licensees of potential dangers (e.g., posting a sign if a floor is wet). Invitees enjoy further legal protection, as property owners are expected to make a reasonable effort to monitor the premises for hazards and take steps to alleviate the danger.

Trespassers generally have few options to recover compensation for injuries sustained on an unsafe property. The property owner has a duty not to engage in gross negligence or intentional conduct that harms a trespasser, as well as to post warnings about known dangers, but liability is otherwise limited.

Is the Property Owner Liable for My Injuries?

Property owners are not the only potential defendants in premises liability claims. Parties with a “controlling interest” in the property may also be liable for injuries sustained due to negligence.

This consideration is important in cases where a property is leased from the owner. A commercial establishment, for example, may not be owned outright by the business operating in that location. If you are injured because the commercial tenant failed to uphold its duty, the liable party may be the business renting the space (although the owner of the property may be liable as well).

Ultimately, it is important to contact a premises liability attorney for assistance with your case. An experienced lawyer can fully investigate to identify the liable party or parties and build a strong claim on your behalf.

Questions of comparative fault may also be a factor in your premises liability claim. The liable party or parties may argue that you are partly or wholly responsible for your injuries. If this argument succeeds, you may be unable to recover the compensation you deserve – or recover no compensation at all.

According to the Florida law on comparative fault, “contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.” So, even if you are partially at fault for the accident, you may be entitled to recover a portion of damages.

If you have been seriously injured on a property through no fault of your own, however, you should not have to settle for less. Thorough investigation of conditions on the premises can support your claim against the owner of the property and/or other parties.

Do I Have a Case Against the Property Owner?

Multiple types of injuries and accidents may be grounds for a premises liability claim. The most common example is a slip and fall accident, but invitees and licensees may suffer injury due to a variety of hazards and unsafe conditions.

Owners and tenants of a property may be liable for damages stemming from the following:

• Slip, trip, and fall injuries
• Negligent security
• Stairway and stairwell accidents
• Dog bite injuries
• Swimming pool accidents
• Elevator and escalator accidents
• Fires

These and other property-related accidents may be the result of poor cleaning and maintenance, lack of oversight of the property, inadequate security, and a host of other factors. If negligence on the part of the property owner and/or another responsible party led to your injuries, you may have a premises liability claim.

Contact Our Premises Liability Lawyers Today

For more than 25 years, Kogan & DiSalvo has been advocating on behalf of injured people. We have extensive experience holding negligent property owners accountable for accidents on dangerous premises.

The majority of the attorneys at Kogan & DiSalvo have achieved Board Certification in Civil Trial Law by The Florida Bar. This distinction demonstrates our firm’s commitment to representing injury victims at every stage of their case, up to and including going to court.

If you have been injured on a dangerous property, please contact Kogan & DiSalvo by calling (561) 375-9500 today for a free case review. Our premises liability lawyers serve clients from all over the state of Florida.

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Get in touch with a slip and fall accident lawyer

If you live in or around Boca Raton and are searching for an experienced slip and fall attorney, contact us to learn more about your potential claim, or please call the personal injury attorneys at Kogan & DiSalvo today.

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