For many, slipping and falling will result in little more than a bruised ego and minor aches. However, in other instances, these accidents can be much more severe. Recovering compensation can be difficult, especially if you were distracted at the time of the slip and fall, as this can impact the outcome of your case. If this represents your circumstances, you’ll want to keep reading to learn more about how being distracted can interfere with your compensation and the importance of working with an experienced Orlando slip and fall lawyer to assist you through these difficult times.
How Do Slips and Falls Happen?
Unfortunately, there are a myriad of circumstances that can lead to a slip and fall, as these accidents can happen anywhere, from doctor’s offices and municipal buildings to parking lots and grocery stores. However, familiarizing yourself with some of the most common hazards can help you stay alert to dangers. These include, but are not limited to, the following:
- Wet spots on the ground
- Uneven walkways
- Missing handrails in stairwells
- Broken stair treads
- Inadequate lighting
- Debris on the ground
- Unsecured wires or carpeting
- Broken or missing floorboards or tiles
Unfortunately, many underestimate the severity of slips and falls. You’ll find that this can result in traumatic brain injuries, soft tissue damage, broken bones, back and spinal cord injuries, and even facial injuries. As such, if you slip and fall, one of the most important things you can do is seek immediate medical attention for the injuries you’ve sustained.
If I Was Distracted During a Slip and Fall, Can I Seek Compensation?
Florida adheres to a comparative negligence statute, which means that if you, as the victim, contributed to the accident in any capacity, your damages will be reduced by your percentage of fault. Specifically, Florida is capped at 50%, meaning if you are found 50% or more responsible for the damages you suffered, you will be barred from collecting compensation.
As such, if you were texting, intoxicated, talking, or otherwise distracted and missed a hazard that resulted in a slip and fall, you’ll find that this can impact the outcome of your claim. For example, if the hazard was clearly visible and should have been obvious even if you were distracted, you may find that it can severely impact the compensation you can recover. However, liability generally falls to the property owner to ensure the premises is free of hazards and safe for pedestrians and guests to safely traverse.
For example, if you are walking while texting and trip over a cord in a dimly lit hallway, the court may deem you 25% responsible since you were texting while walking. However, the majority of the fault will fall on the property owner for inadequate lighting and a cord negligently left on the floor. As such, if you are awarded $100,000 in damages, it would be reduced by 25%, meaning you would be eligible to collect $75,000.
When you are hurt in a slip and fall in which you believe you share blame, the most important thing you can do during this process is connect with an experienced attorney with the Tropical Injury Law Firm. Our team understands how complicated these matters can be, which is why we will fight to help you recover the full amount of compensation you are entitled to. Contact us today to learn more.
