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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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Average rating: 4.9
The entire team did a great job with follow up and results. Special thanks to Tiffany!
I had to dismiss my prior attorney do to unprofessionalism, lack of follow up & inexperience. I decided to go with Ted DiSalvo with the Law Partnership of Kogan & DiSalvo. What a complete 180° difference! Not only is Ted highly experienced, but his Team is AMAZING! Everyone is super professional & caring!… THEY KNOW WHAT THEY’RE DOING! The best part is the follow-up and guidance! It’s a huge relief knowing your part of a team that truly cares about YOU and your individual situation.
Thanks Kogan & DiSalvo
GW🦈
⭐⭐⭐⭐⭐⭐⭐⭐⭐⭐ – 10 Stars!
(Translated by Google) I recommend this firm, lawyers helped me throughout the entire process of my accident and always thought about my well-being. Totally satisfied and grateful with the service.
(Original)
Recomiendo esta firma abogados me ayudaron en todo el proceso de mi accidente y siempre pensaron en mi bienestar. Totalmente satisfecha y agradecida con el servicio.
(Translated by Google) Excellent company I recommend them 100 percent
(Original)
Excelente compañía los recomiendo 100 por ciento
I’m glad that I used Kogan And Desalvo. They truly made me feel like I was family. Very easy to talk to you about anything you needed help with. I especially thank Jay London, esq and Samantha Juerakhan The paralegal to Jay London, and his amazing team. They made this very easy and fast. Love these guys and ladies. 5 star team all the way🥳🥳🥳💚
It took a while, but the results were well worth the wait. My attorney J London was excellent. And his associate Gisseiie, they were the best
Very nice people so professional and they keep you posted of how your case is going.
Jay is amazing! Took my horrible experience and made sure my health and well being came first!
Mr. Kogan is an excellent Lawyer , he surpassed my expectations. I highly recomend him . Thank you again.
I can’t thank Kogan & DiSalvo enough for their help after my accident. From day one, they were incredibly supportive, guiding me through the entire process with care and expertise. I never imagined my case would be worth as much as it turned out to be, and that’s thanks to their hard work and dedication. They kept me informed every step of the way and made sure I understood all my options. If you’re looking for attorneys who truly go above and beyond, I highly recommend Kogan & DiSalvo!
Great law firm, takes care if all your needs, gights gor you
Thank you
Jay and Jennifer were very responsive to my calls. When I had questions, they provided clear answers. They thoroughly explained the settlement process to me and kept me informed every step of the way.
Samantha, embodies what customer service should be like. So friendly, down to earth, caring, resourceful, knowledgeable, and goes the extra mile .
If I’m ever in another accident or know someone that’s been in an accident, I will definitely be referring Kogan & DiSalvo (Samantha and Paul).
Samantha thank you for all of your hard work and dedication to get me and my husband to a successful resolution.
Thank You Again,
Iris
My case with Kogan and DiSalvo, was handled with the utmost seriousness and respect. Mr. George Bakalar, who lead my case from the beginning, along with Miss. Macy and Miss. Victoria were all outstanding individuals. They were able to resolve my case inline with all parameters discussed in my initial interview. More than expected they were personal and listened to all my concerns. I would definitely recommend them to anyone! Have a great day and Enjoy!
Paul Silvestri and his team were great! They took care of everything and made the process stress free. Very pleased with my settlement. I highly recommend Paul Silvestri at Kogan & DiSalvo!
Jennifer was helpful, answered all of my questions and made the process simple.
I am very please on the outcome of my case with Kogan & DiSalvo. It took a while but the results are worth the wait. I want to also thank Amanda who did an outstanding job on my settlement with the crew.
Selecting an attorney is hard. I briefly worked with the “largest firm” and that was a complete mistake. Paul Silvestri of Kogan and DiSalvo immediately built confidence that I was with the “best” firm. He is strategic, smart, listens, takes times to evaluate facts, follows up, is very responsive, and makes you feel like you have a partner during a tough time. The firm has great technology, great support through the app. Christina B is very responsive when other firms never reply!!! Great experience, great firm, don’t go anywhere else!
A big truck sideswiped my car. I had two surgeries due to the accident. I had surgery on my neck and back. I would like to thank Jay London and Christina Bejarano for everything they did for me and my case. Jay and Christina provided outstanding service. They did a great job explaining each step along the way. I highly recommend Jay and Christina; they did a wonderful job.
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