Slip and Fall Lawyer
A slip and fall accident can happen in an instant — and the injuries can last for months or years. A wet floor in a grocery store, a cracked sidewalk in a parking lot, a poorly lit stairway. These are not freak accidents. They happen because property owners failed to keep their premises safe.
Florida raised the bar for these cases in 2023, and the insurance company will do everything it can to deny your claim. You need an attorney who understands the current law.
Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida with more than 25 years of trial experience. He is ready to investigate your case, preserve critical evidence, and pursue every dollar you deserve. Call (305) 842-2100 for a free consultation. You pay nothing unless we win.
Common Causes of Slip and Fall Accidents in Florida
Slip and fall injuries happen in many different settings, usually because of one or more of the following conditions:
- Wet or slippery floors. Spills, recently mopped surfaces, and tracked-in rainwater create hazardous conditions in stores, restaurants, and public buildings — especially when no warning signs are placed nearby.
- Uneven or cracked pavement. Damaged sidewalks, parking lot cracks, broken curbs, and raised concrete can catch a foot and send a person down hard.
- Poorly lit areas. Inadequate lighting in stairways, hallways, and parking garages makes it difficult to see hazards — and dramatically increases fall risk.
- Loose or missing handrails. Staircases without proper railings are a frequent cause of serious falls, particularly for older adults.
- Cluttered walkways. Merchandise, cords, pallets, or debris left in aisles and walkways create tripping hazards that should never exist.
- Failure to warn of known hazards. When a property owner knows about a dangerous condition and fails to fix it or post a visible warning, they may be liable for the injuries that result.
Common Injuries from Slip and Fall Accidents
Falls are among the leading causes of serious injury in the United States. Common injuries include:
- Broken bones. Hip fractures, wrist and arm fractures, and ankle breaks are common and often require surgery.
- Head and brain injuries. A fall that causes the head to strike the ground can result in a concussion or a traumatic brain injury with lasting effects on memory, mood, and function.
- Back and spinal injuries. A fall can herniate discs, compress vertebrae, or injure the spinal cord — causing chronic pain or limited mobility.
- Knee injuries. Torn ligaments, meniscus tears, and patella fractures can require surgery and lengthy rehabilitation.
- Shoulder injuries. Rotator cuff tears and shoulder dislocations are common when a person lands on an outstretched arm.
What to Do After a Slip and Fall in Florida
Step 1 — Seek medical attention right away. Go to the emergency room or your doctor even if you feel you can push through the pain. Some injuries — especially to the head and spine — are not immediately apparent. Medical documentation starts your case.
Step 2 — Report the incident to the property or business owner. Ask for a written incident report before you leave. Get a copy or photograph it if possible.
Step 3 — Document the scene immediately. Take photographs of the exact location where you fell, the condition that caused the fall, any warning signs (or the lack of them), your injuries, and your footwear.
Step 4 — Ask about surveillance footage. Many businesses have cameras covering their common areas. This footage is often overwritten within 24 to 72 hours. Tell your attorney immediately so a legal hold notice can be sent.
Step 5 — Get witness information. If anyone saw you fall, get their name and phone number before they leave.
Step 6 — Do not give a recorded statement to the property owner’s insurer. Adjusters are trained to use your words to minimize or deny your claim. Direct all insurer contact to your attorney.
Step 7 — Call HLM Injury Lawyers. The sooner Eric gets involved, the faster evidence can be preserved and the stronger your case will be. Call (305) 842-2100 now.
Florida Premises Liability Law — What Changed in 2023
Florida’s 2023 tort reform made these claims harder to win. The biggest change is a stricter comparative negligence rule that can bar your recovery entirely — explained below.
The actual or constructive knowledge standard. Under longstanding Florida law, if a transitory foreign substance — a spill or slippery substance on the floor — caused your injury, you must prove that the property owner knew or should have known about the dangerous condition and failed to act. Constructive knowledge can be shown when the hazard existed long enough that the owner should have discovered it through routine inspection. Surveillance footage, inspection logs, and employee testimony become essential.
Modified comparative negligence. If you are found 51% or more at fault for your fall, you cannot recover. Below that threshold, your damages are reduced by your percentage of fault — and a plaintiff who is exactly 50% at fault can still recover.
Florida’s 2-Year Deadline — Do Not Wait
Florida’s statute of limitations gives you 2 years from the date of your slip and fall to file a negligence lawsuit. Wait too long and you lose your right to any recovery.
Evidence in these cases disappears fast. Surveillance footage is typically overwritten within days. The hazard may be repaired — eliminating key evidence. The sooner you speak with an attorney, the better your case will be protected.
Call HLM Injury Lawyers at (305) 842-2100 today. Your consultation is free, and you pay nothing unless we win.
Why Hire Eric Hernandez for Your Slip and Fall Case
- Former federal prosecutor. Eric A. Hernandez served as an Assistant U.S. Attorney for the Southern District of Florida. He knows how to build cases under pressure and stand firm against corporate defense teams.
- Judicial clerkship at the highest level. Eric clerked for Chief Justice Charles T. Wells of the Florida Supreme Court — experience that gives him a deep understanding of how courts apply complex legal standards.
- 25+ years of trial experience. Premises liability cases can go to trial. Eric has the skills and record to take your case before a jury if that is what it takes.
- Admitted to the U.S. Supreme Court Bar.
- Bilingual — English and Spanish. Eric serves the full Broward County community and will communicate with you in Spanish if that is your preference.
Frequently Asked Questions
What do I need to prove in a Florida slip and fall case?
You must prove that the property owner owed you a duty of care, that a dangerous condition existed, that the owner knew or should have known about it, that they failed to fix it or warn you, and that this failure caused your injury. For cases involving a transitory substance such as liquid on the floor, Florida law requires proof that the owner had actual or constructive knowledge of the hazard.
What if I was partially at fault for my fall?
You can still recover as long as you are not found 51% or more at fault. Your damages are reduced by your percentage of fault, and a plaintiff who is exactly 50% at fault can still recover. If you are found 51% or more at fault, you cannot recover.
How long do I have to file a slip and fall lawsuit in Florida?
Two years from the date of the accident. Miss this deadline and you almost certainly lose the right to recover. Do not wait to call an attorney.
What if the slip and fall happened at my job?
Workers’ compensation may cover your medical bills and lost wages. If a third party was responsible for the hazardous condition, you may also have a separate personal injury claim. Eric can evaluate both avenues.
What damages can I recover from a slip and fall?
Recoverable damages may include medical expenses (past and future), lost wages, pain and suffering, permanent disability or disfigurement, and loss of enjoyment of life. The specific damages depend on the severity of your injuries and the circumstances.
What if there were no witnesses to my fall?
Witnesses help, but they are not required. Surveillance footage, incident reports, medical records, and photographs of the hazard can all establish your case. Acting quickly to preserve surveillance footage is especially important when no one else witnessed your fall.
Contact HLM Injury Lawyers — Free Consultation
Property owners and their insurers will try to minimize what happened to you. HLM Injury Lawyers will not let them. Eric A. Hernandez will personally evaluate your case, pursue every piece of evidence, and fight to get you the compensation you deserve. Call us at (305) 842-2100 or stop by 3301 N. University Dr., Suite 100, Coral Springs, FL 33065. Your consultation is free, and there is no fee unless we win.
