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A property owner or manager must safely maintain their premises because if a slip and fall accident occurs, they may prove liable if their negligence resulted in a hazardous condition. In addition, slip and fall cases can be complex. The accident victim must prove to the court that the defendant owed them a duty of care–the first element in any negligence case. They must also show that they experienced damages because of the accident, for which they may receive financial compensation.
If this has happened to you, you know that a slip and fall accident can affect your livelihood for weeks or months. In some cases, victims face permanent disability. Contact a Palm Bay slip and fall lawyer at Kogan & DiSalvo who can protect your rights while fighting for maximum compensation.
The state of Florida operates under a modified comparative negligence doctrine—meaning the plaintiff may still recover compensation if they were 50% or less at fault for their injuries. Therefore, any damages awarded to the plaintiff would be reduced by the proportion of fault assigned to them by the jury. For example, a plaintiff deemed 20 percent responsible for their injuries, who is awarded $10,000, will have that amount reduced to $8,000.
Plaintiffs who are 51 percent or more liable for their accident cannot receive damages. In this example, a plaintiff who is found 60% responsible for their injuries would be prohibited from recovering compensation at all.
Slips and falls can happen anywhere. In northern states, ice and snow often contribute to these accidents, but that is not the case in Brevard County. The most common locations include:
Property owners often know about a potential hazard but fail to remedy it or warn visitors—which constitutes negligence. However, owners are not liable for all slips and falls on their property. They are only responsible for the hazards they should have reasonably known about and had time to fix.
Common causes of slip and fall injuries include:
When these conditions exist, your attorney will establish that the property owner or manager was liable because they failed to keep their premises safe. For example, a supermarket manager did not place a “Wet Floor” sign or cordon off an area where a spill occurred.
There are exceptions to owner liability even if negligence was involved. If a person was trespassing and injured themselves in a slip and fall, the owner is generally not liable. Someone intent on burglarizing a home or business cannot hold the property owner responsible, nor can an individual who attends a social gathering uninvited. For liability purposes, the injured party must have had a legal right to be on the premises.
Slip and fall injuries range from those causing short-term impairment to those resulting in chronic or life-altering conditions; they include:
While immediate documentation can be necessary for any personal injury claim, that is especially true regarding slip and fall injuries. Without photographic evidence, it is often relatively easy for property owners to fix the hazard. For example, if someone trips over debris in a walkway, simply moving the items conceals the condition causing the fall. That is why taking photos or videos, if physically possible, is critical.
Report the slip and fall to the property owner or manager. For example, if the incident occurred in a grocery store, restaurant, entertainment venue, or another place of business, have the manager fill out an accident report. In addition, obtain the names, addresses, and contact information of any witnesses.
Always seek medical attention, even if you feel fine. Some injuries, especially those involving soft tissue, do not appear for a few days. If you don’t see a doctor, the defendant’s insurance company can argue that your injuries were not serious or did not happen on their client’s premises.
In most instances, the statute of limitations for filing a personal injury lawsuit in a Florida slip and fall case is two years from the date of the incident. Miss that deadline and the court will not hear the case. While that is one of the longest statutes of limitations in the country, it is critical to remember that time is of the essence when collecting evidence.
A Brevard County slip and fall lawyer at Kogan & DiSalvo could investigate your case and work to obtain time-sensitive materials such as store or neighborhood surveillance video. This type of evidence can make a difference in proving your claim.
Potential compensation, or damages, in a premises liability slip and fall case may include:
The defendant’s insurance company will offer a lowball figure to settle the claim quickly. However, your lawyer will know what comprises a reasonable and fair amount based on your injuries and how they will affect your life now and in the future. Finally, unlike other states, Florida does not impose a limit on the amount of compensatory damages.
If you or someone you know was seriously injured in a slip and fall injury resulting from property owner negligence, contact an experienced Palm Bay personal injury attorney at Kogan & DiSalvo today. Schedule a free, no-obligation consultation. After evaluating your claim, we will let you know if you have a claim. Because we work on a contingency basis, you pay no fee unless you receive compensation.
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Michele Shapiro
George Bakalar is an exceptional hardworking attorney. He always kept me informed. Macy is wonderful, and all the other people working there are very kind and treat a client with respect.
Carol Chapman
Three years ago I had an injury while away on vacation and contacted Kogan and DiSalvo the next day. Their entire team were absolutely great from my initial call and intake, to trial date and settlement.
My attorney, George, helped me through every step of the process. He always kept me informed on the progress of the case and always responded to any questions I had.
I highly recommend Kogan & DiSalvo, a law firm that truly cares about their clients.
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(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹
(Original)
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Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.
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The firm was great with my case.
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I had the pleasure of working with Todd Baker and, more closely, Paul Sylvestri on my case. From the very beginning, Paul was not only thorough and knowledgeable, but also made me feel truly supported. He handled every step with urgency and care, ensuring that the process moved forward efficiently, far faster than I expected, given how long cases like mine can often drag on.
What stood out most was how genuinely I felt treated as a person, not just another case file. I quickly learned that most personal injury law firms make clients feel like they’re just part of a revolving door. That was never the case here. Paul and his team prioritized my well-being and worked hard to ensure I was fairly and fully compensated for my suffering.
Their professionalism, compassion, and commitment made an overwhelming situation much more manageable. I’m incredibly grateful for the outcome and the way I was treated throughout the process. I couldn’t have asked for a better team.
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Jennifer was amazing throughout the whole process.
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I was fortunate to be represented by this amazing law firm after a car accident, and I have nothing but gratitude for their work. From the very first contact, they demonstrated professionalism, empathy, and a genuine commitment to resolving my case in the best possible way.
I want to especially highlight Stephany Herrera, who was my first point of contact. From the beginning, she was open, attentive, and truly listened to me. Thanks to her, I was connected with attorney Paul Silvestri, who, along with the entire team, handled my case with excellence, keeping me informed every step of the way.
Thanks to their dedication and hard work, my case was successfully resolved. I highly recommend this firm to anyone in need of legal assistance. Thank you again to the entire team for your support and commitment.
Rachel Wilson
The number one characteristic I liked about this firm was the communication. Every member of team was pleasant to talk to. Having access virtually was awesome with all video explanations about the process. The team worked well together to settle my case. I wish I knew every team members name. Thank You team for your hard work and effort. I can say my medical bills are paid and my case settled. Thanks Again for being a reputable organization.
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Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!
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My wife and I were in a major accident. After the accident one of our big worries was our medical bills. Sam at Kogan and DiSalvo coordinated with our Drs to assure coverage and put our minds at rest. I had to have surgery which thankfully went well. I was very happy to not have any unanswered concerns during that time. The person who hit us blamed us for the accident but our dash camera showed them at fault. Tiffany our Rockstar of a lawyer proved them at fault and leveraged the insurance for the maximum settlement. She then went after our under/uninsured coverage and fought for a settlement that we could never have dreamed of. Never a doubt Tiffany and the team of Kogan and DiSalvo are the lawyers that you want on your side. Thank you again.
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I appreciate the great service. the 100% professional Di Salvo lawyers provided me, Monica. Thank you for being of great help to me. Thank you for the Service provided to me. 300%%% Recommendation..Una ves mas Gracias Monica y demas.Staf Att Juan
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Trust the Process – Outstanding Team, Remarkable Results
Working with Kogan & DiSalvo was one of the best decisions I could’ve made—and a huge part of that was thanks to Tiffany Fanelli. From start to finish, she and the team were knowledgeable, responsive, and genuinely committed to helping me through every step of the legal process.
You really have to trust the process. It can be slow, and at times, it might feel like nothing is happening—but behind the scenes, your team is working hard. If you have questions, ask. If you’re not sure what to do, ask. That open communication made all the difference for me, and it helped me stay informed and confident the entire way through.
I can’t thank Tiffany and the firm enough for their hard work and support. Their patience, professionalism, and attention to detail led to an outcome that exceeded my expectations.
One more thing—if you don’t have UM (Uninsured/Underinsured Motorist) coverage, get it. Too many drivers out there are uninsured, and protecting yourself with UM coverage is essential. I’ve learned how crucial it is, and I hope others will too.
Highly recommend Kogan & DiSalvo, and especially Tiffany Fanelli, for anyone needing a reliable and compassionate legal team. Thank you all for All your hard work.
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Rachel and Leslie are great awesome lawyers they went every step of the way
with me from the first step to the last and to the bank thank you Leslie and Richard for all your hard work!!
david Riggsby
They are great I’m so glad that I called them. Also I can’t believe that they settled my case so quickly. I would highly recommend them and I will use them in the future.
Debra Cuevas
My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.
Steve Hacker
This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.
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