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Who Is Typically Responsible for a Slip-and-Fall Accident?

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A woman filling out a slip and fall report after experiencing an accident at someone else's property.


By convention, a ‘slip and fall’ claim is filed when someone is injured as a result of a slip, trip, and fall on someone else’s property. A slip and fall accident falls under the legal concept of premises liability. Slip and fall accidents, as the name implies, hold that property owners may be legally responsible for any injuries sustained on the owner’s premises if those injuries are the direct result of the property owner’s negligence.


All property owners are required by law to maintain their property with reasonable care and to keep their properties safe for guests, visitors, customers, and patrons. At Schrier Law Group, we can help file a legal claim for your damages after a slip and fall accident. Consult us for free.

What Types of Slip and Fall Accidents Exist?


Slip and fall hazards change with the seasons and conditions. In the winter, ice and snow left to accumulate on walkways, parking lots, stairways, and sidewalks can have serious consequences. Tripping accidents over uneven surfaces, potholes, and cracks can occur as a result of insufficient lighting in parking lots and walkways.


Poorly illuminated stairwells and steps, whether inside or outside, can also cause slip and fall problems, resulting in serious injuries. Slippery floors, loose or broken flooring or steps, waxed stairs, missing handrails, curled edges, or carpets that are torn, worn, or bulging can all cause a fall; electrical cords or wiring that has been haphazardly construed and left out can trip up a passerby. Clutter and debris left in pedestrian walkways—all of these conditions may result in a slip and fall accident, resulting in a personal injury claim.

Liability Of The Property Owner


Slip and fall cases, in general, fall under premises liability cases, in which a plaintiff claims that the owner or possessor of property caused or failed to fix a dangerous condition that resulted in an injury. Slip and fall accidents can occur in a variety of settings and under a variety of hazardous conditions. The first requirement for a good case is negligence on the part of the defendant.


Negligence

Negligence is the general conception that the owner or possessor of the property failed to maintain the property with reasonable care. An injured plaintiff must prove negligence by establishing the existence of a duty, such as keeping liquid off the floor; breach of that duty; and that the breach was the proximate cause of the plaintiff’s injury. The duty owed to a person depends on whether the property is private or public, as well as your legal status while on the property.

Landowners’ or Occupiers’ Responsibilities

Visitors are typically classified as invitees, licensees, or trespassers, with each having a different duty owed by the landowner or possessor. An invitee is someone who enters the land in response to the landowner’s express or implied invitation. A licensee, like a social guest, is someone who enters the premises with the express or implied permission of the landowner for his or her purposes rather than the benefit of the landowner. A trespasser is someone who enters the land without the permission of the owner.

Common Slip and Fall Injuries


Slip and falls are very common accidents that can happen in a variety of situations and places. Here are some examples.

  • Tripping and falling on merchandise that has fallen from store shelves or that has been improperly stored on the floor.
  • Slipping on a wet floor in a recently cleaned public restroom with no warning sign.
  • Slipping and falling in a parking lot or on a sidewalk in front of a store or office building due to ice or snow.
  • In a grocery store, slipping on spilled food or drink.
  • Tripping and falling stairs with a handrail that is loose, worn, or missing
  • The above list is not limited to them alone; slip and fall accidents can occur anywhere and at any time.

Who To Sue?


Many people or entities are frequently held liable for someone’s injuries. A business may rent space from a property owner in a commercial setting or retail store, and both the property owner and the business (the tenant or possessor/occupier of the property) may be liable. If a third party, such as a management company, was in charge of maintaining the space and failed to do so, that party may also be held liable.


Both a landlord and a tenant may be held liable for injuries caused by dangerous conditions on the property in a residential setting. Special rules generally apply if the property owner is a state agency or municipality.

When Should You File a Lawsuit?


In a nutshell, you should seek compensation for your injuries as soon as possible. You can legally sue for damages or file a compensation claim if you were injured at a business, such as a grocery store, at work, or in a residential setting.

Time is also an issue. You have up to four years from the date of your injury in Florida to file a slip and fall lawsuit. Though that may appear to be a long time, cases involving premises liability can take time. For starters, more than any other type of personal injury case, premises liability will go to trial rather than being settled out of court.

Why You Should Hire an Attorney


A consultation with a slip and fall attorney will greatly assist you in making your decision. It will allow you to discuss what occurred, the merits of your case, the legal options available to you, and what can be pursued. You should not be discouraged by the numerous stereotypes that portray you, the victim, and your attorney as opportunists. Insurance companies frequently perpetuate such stereotypes to avoid having to pay out on a policy.
If you have been injured on someone else’s property and believe it was due to the property owner’s negligence, contact us at Schrier Law Group; our slip and fall attorneys are at your service. We have won substantial settlements and verdicts for victims of property owner negligence for over 20 years. We will assist you in obtaining the just compensation you deserve for your injuries.

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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This is one of the best law office in Miami come in and check them out great people

Rowdy Martinez

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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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Schrier Law Group is the best.

Chatrice Telfort

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Great job! I loved working with Paul.

Paige