Bradenton Slip & Fall Lawyers
We represent people hurt in falls at stores, restaurants, apartment complexes and other businesses, where the hardest part of the case is usually proving what the owner knew.
Free ConsultationSlip & Fall Attorneys in Bradenton
Anyone who owns or runs a property that is open to the public has to keep it reasonably safe. That means inspecting for hazards and either fixing them or warning visitors until they are fixed. When an owner falls short of that and someone gets hurt, the owner is responsible for the damage, and the legal term for this is premises liability.
The Podor Law Firm handles slip and fall cases across Bradenton, Palmetto, Lakewood Ranch and Sarasota, and our Solon office takes cases in Ohio. Speed matters more here than in most injury cases, because a spill gets mopped up within minutes and store video is often recorded over within days or weeks.
Common Causes of Slip and Fall Accidents
- Wet floors with no warning sign, including entryways after a rainstorm
- Spilled food or drinks in grocery stores and restaurants
- Loose mats and torn carpet
- Uneven sidewalks and cracked parking lots
- Poor lighting on stairs and in parking garages
- Missing or broken handrails
- Cables and boxes left in walkways
- Pool decks and wet tile at hotels and condos
- Ice that was allowed to build up (mostly an Ohio problem)
How serious a fall can be
Falls cause more serious injuries than people tend to assume. Broken wrists and hips, back and neck injuries, torn ligaments in the knee or shoulder and head injuries are all common, and for older adults the consequences can be permanent. According to the CDC, about 1 in 4 adults over 65 reports a fall every year, and falls are the leading cause of injury-related death in that age group.
Florida Rules That Affect a Slip and Fall Claim
| Spills in a business | If you slipped on a substance like a spill in a store or restaurant, you have to prove the business knew, or should have known, about it and failed to act. Fla. Stat. 768.0755 |
|---|---|
| "Should have known" | That can be shown by how long the hazard was there, or by the fact that it kept happening, such as a cooler that leaks every day. Fla. Stat. 768.0755 |
| Filing deadline | Two years from the date of the fall for most claims. Falls before March 24, 2023 had four years. Fla. Stat. 95.11 |
| Shared fault | If you're found more than 50% at fault, for not watching your step or ignoring a warning sign, you recover nothing. At 50% or less, the award is reduced by your percentage. Fla. Stat. 768.81 |
Ohio law is tougher on fall victims in two ways. A property owner generally owes no duty to warn about a hazard that is open and obvious, and under Ohio's no-duty winter rule, owners usually don't have to clear natural accumulations of snow and ice unless they made the condition worse. Ohio cases are handled through our office in Solon.
How we prove what the owner knew
Most slip and fall cases come down to notice, meaning whether the owner knew or should have known about the hazard. The evidence for that usually belongs to the business: surveillance video, cleaning and inspection logs, earlier incident reports and statements from employees who were on shift. We send a letter asking the business to preserve that evidence as soon as we take the case, because video in particular can be erased on a routine schedule. Photos of the hazard, the area around it, your shoes and your injuries, taken the same day, can end up being some of the most useful evidence in the case.
What can you recover?
The claim can cover your medical bills, now and in the future, and the income you lost, including any reduced ability to work later on. Pain and suffering is part of it too, along with the loss of things you used to do before the fall. When a fall leaves an older person unable to live on their own, the cost of that care becomes a large part of the claim.
Talk to Our Team
If you fell on a wet floor or a broken step, call The Podor Law Firm at (941) 779-8195 and talk it over with a slip and fall lawyer.
Why Choose Podor Law
Immediate Investigation
We move quickly to document the scene and send preservation letters, before the business has a chance to clean up or record over the video.
No Fee Unless We Win
You pay no attorney's fee unless we recover money for you, and there is nothing to pay up front. Our fee is a percentage of the recovery.
Decades of Experience
Our founder, Kenny Podor, has been handling personal injury cases since 1978, so the firm knows how property owners and their insurance companies defend these claims.
Premises Liability Focus
Premises liability is a core part of our personal injury practice, and in Florida these cases are built around what the business knew about the hazard and when.
Personal Attention
You work directly with the attorney handling your claim and get regular updates while we deal with the property owner and its insurance company.
Medical Network
We work with your treating doctors and, when a case needs it, outside medical experts who can explain the injury and what treatment you will need going forward.
Frequently Asked Questions
What should I do immediately after a slip and fall accident?
If you are able to, try to do the following.
- Get medical care, even if the injury seems minor, since some injuries don't show up right away.
- Report the fall to a manager or the property owner, and make sure a written incident report is made, even if they won't give you a copy.
- Photograph what caused the fall before it is cleaned up or fixed.
- Get names and phone numbers from anyone who saw it.
- Keep the shoes and clothes you were wearing.
- Call us before you give a statement to the property owner's insurance company.
How do you prove a property owner was negligent in a slip and fall case?
By showing that the owner had a duty to keep the property safe, that there was a dangerous condition, that the owner knew or should have known about it and didn't fix it or warn you, and that it caused your injury. The knowledge part is usually the hardest to prove. In Florida, if you slipped on a spill or another substance in a business, a statute requires you to prove the business either knew about it or should have known, for example because it had been there for a while or kept happening. Evidence like surveillance video, cleaning logs, earlier incident reports and employee testimony usually decides that question.
What if I was partially at fault for my slip and fall accident?
You can usually still recover, but the award will be reduced. Florida and Ohio both use modified comparative fault, so you can recover as long as you are not more than 50% responsible, and your compensation is reduced by your percentage. Property owners usually argue that the injured person should have been watching where they were going, was on a phone, was wearing the wrong shoes or ignored a warning sign. Those arguments can be answered with the evidence, especially photos showing how visible the hazard really was.
How long do I have to file a slip and fall lawsuit?
In Florida, most claims from falls on or after March 24, 2023 have to be filed within two years, and before that date the deadline was four years. In Ohio, the deadline for a personal injury lawsuit is generally two years from the fall. A fall on government property, like a city sidewalk or a public building, comes with its own notice rules and procedures. Missing a deadline usually ends the claim, but the more immediate problem is evidence, since video and cleaning records can be gone long before any deadline arrives.
What types of property owners can be held liable for slip and fall accidents?
Almost anyone who owns or controls a property. That includes stores, restaurants, hotels and shopping centers, landlords and property management companies, homeowners in some situations, and government agencies responsible for public property like sidewalks and parks. Sometimes the responsible party is a tenant or a cleaning or maintenance contractor rather than the owner. What the owner owed you also depends on why you were there. A customer or other business visitor is owed the most care, while social guests and trespassers are owed less, which is one more thing we look at before deciding who the claim should be against.
Injured in a Slip and Fall Accident?
Evidence in these cases disappears quickly, so it helps to call early. The consultation is free, and you pay no attorney's fee unless we recover money for you.
Schedule Your Free Consultation