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Florida Slip and Fall Laws & Litigation

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A warning sign placed on a staircase in a retail store instructing customers to mind their step when walking on the stairs.

Slip and fall accidents are surprisingly common, leading to approximately one million hospital visits yearly, according to the National Floor Safety Institute (NFSI). In fact, data from the NFSI reveals that more than one out of every ten fall-related accidents is a slip and fall.

However, despite how frequently these accidents happen, it’s not always easy to know what to do after a slip and fall. Fortunately, a slip and fall lawyer can accurately advise you on your next steps and handle your case if you need to file a compensation claim. Here’s what you need to know about slip and fall laws in Florida.

Florida Slip and Fall Accidents: What Is the Law?

Florida law recognizes that those who own any sort of real property have specific legal duties to others. What duties a property owner owes you in your situation depends primarily on whether you were invited onto the property by the property’s owner and, if so, for what purpose.

Not Invited by the Property Owner

You are considered to be a trespasser if you enter someone else’s property without their permission. Being a trespasser in this context has nothing to do with criminal intent. It also does not depend on whether the property owner put out signs warning against trespassing or fenced off their yard.

Property owners are not obligated to warn a trespasser of any hazards on the property. However, property owners in Florida are also legally obligated not to harm a trespasser deliberately. For instance, a property owner cannot set out a spring gun or a booby trap to harm someone they know is coming onto their property without permission.

Allowed to Be on the Property

If the property owner permits you to come onto their property for your benefit or pleasure, you are considered a licensee.

You would be a licensee if, for example, your neighbor allowed you to walk over their yard instead of using the sidewalk. Similarly, you are a licensee if your neighbor permits you to retrieve errant balls and toys that went into the neighbor’s yard without first getting their permission.

If you are a licensee on someone’s property, then the property owner should tell you of any known dangers or hazards that are not obvious.

For instance, if the property owner has hired a company to repair the property’s front steps because they are crumbling, the property owner should put a warning sign in front of the stairs or place caution tape around them to keep you and other licensees from using them.

Invited Onto the Property

Additionally, if a property owner invites you onto their property to do something that benefits the property owner, you are considered an invitee.

Customers who visit a business to shop during the business’s hours of operation are invitees. You are also an invitee if you go onto your neighbor’s property because you have agreed to watch your neighbor’s children for the evening.

Property owners owe invitees the greatest duty of care. An owner must make reasonable inspections of their property and warn invitees of any obvious or hidden dangers that might be present.

For this reason, you will see retail stores place signs warning of a wet floor by obvious liquid spills while also roping off certain aisles if there is a non-obvious danger that something might unexpectedly fall from a shelf.

From Injury to Compensation After a Slip and Fall Accident

Following an accident, your slip and fall lawyer will investigate your situation to determine whether you were a trespasser, licensee, or invitee. Your attorney can then examine how the property owner failed to satisfy their legal obligations. This information is essential to filing a claim for compensation.

Depending on the type of property where the accident happened, your slip and fall lawyer may file a claim against the property owner’s insurance company. The claim will go to the homeowner’s policy if the property is a residence. However, a claim against the business’s liability policy would be appropriate if the property is a business.

If your slip and fall lawyer determines no insurance policy will fully compensate you, or if no insurance policy is available, then a lawsuit may be filed. Such a lawsuit seeks to hold the property owner directly responsible for your damages.

Schrier Law Group Can Protect Your Rights

At Schrier Law Group, we have fought for the rights of injury victims for over 36 years. If you’ve been injured in a slip and fall accident in Florida, call an experienced slip and fall lawyer from Schrier Law Group for a free consultation today.

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).

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My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

David Cuello

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The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

Isabel Sabrina De Ramirez

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The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

Marika Ford

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Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean

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I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

Gerard Avalos

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The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K

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Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

David Kuczenski

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Best attorney in South Florida

Fefe Alex

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Was a wonderful experience getting through a tough process!

Edward Pawley

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Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

Reynier Perez

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Awesome wonderful patient Intelligent thoughtful Paul is the best

Theresa Caprice Caprioli

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Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen

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The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

Michaela Davis

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Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean

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Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

Juan Rodriquez

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I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

Martin Tyler

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I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

Mark Anderson

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Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

Braulio Duran

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Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

Maria Jaz

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Rowdy Martinez

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Schrier Law Group is the best.

Chatrice Telfort

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Great job! I loved working with Paul.

Paige