Slip & 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.