Hurt in a slip, trip, or fall on a Florida property? The Altman Law Firm handles premises-liability injury claims. Free consultation: (305) 373-3730.
If a business deletes surveillance footage after being notified to preserve it, they may face legal consequences for spoliation of evidence. When this occurs, a judge or jury may be instructed to presume the destroyed video contained evidence favorable to your claim. To prevent deletion, The Altman Law Firm promptly sends a formal spoliation letter to the property owner, legally demanding the preservation of all video evidence, incident reports, and maintenance logs related to your slip and fall.
Under Fla. Stat. § 95.11, you generally have two years from the date of the slip and fall accident to file a personal injury lawsuit in Florida. If the incident resulted in a tragic fatality, a wrongful death claim must also be filed within two years. Failing to file within this strict statute of limitations usually bars you from seeking compensation. Because critical evidence like surveillance video is often deleted quickly, it is highly recommended to consult Jeffrey S. Altman at The Altman Law Firm as soon as possible.
A transitory foreign substance is any liquid or solid item that does not belong on the floor and creates a slipping hazard. Common examples include spilled water in a grocery store aisle, dropped food in a restaurant, or leaking fluids from a refrigerator. Under Fla. Stat. § 768.0755, proving a business is liable requires demonstrating they knew or should have known about this temporary hazard. The Altman Law Firm thoroughly investigates how long the substance was present to establish the business's negligence.
Immediately report the incident to the store manager and request a written accident report. Next, follow these steps: 1. Seek prompt medical attention for your injuries. 2. Take photographs of the hazard, such as a wet floor or uneven surface. 3. Collect contact information from any witnesses. 4. Request that management preserve surveillance footage. Florida premises liability claims rely heavily on evidence collected at the scene. Contacting Jeffrey S. Altman at The Altman Law Firm can help ensure your legal rights are protected while you focus on medical recovery.
There is no standard settlement value for a slip and fall case, as compensation depends entirely on the unique facts of your injury. Factors include the severity of your medical condition, total medical expenses, lost income, and the impact on your daily life. Available insurance coverage and the degree of the property owner's negligence also play major roles. The Altman Law Firm evaluates all economic and non-economic damages to pursue an appropriate recovery for your specific physical and financial hardships.
Falling at a short-term rental property involves identifying the correct insurance policies, which may include the property owner's homeowner insurance, landlord liability coverage, or Airbnb host protection insurance. The property owner still owes a duty to maintain a safe environment and warn guests of hidden dangers. Because multiple insurance policies and corporate entities may be involved, these claims can be highly complex. Jeffrey S. Altman can investigate the lease agreements and insurance policies to hold the appropriate parties accountable for your injuries.
Constructive knowledge means that even if a property owner did not actually know about a hazard, they legally should have known about it through the exercise of ordinary care. For example, if a puddle of water was on a supermarket floor for an hour, the law presumes employees should have discovered and cleaned it during routine inspections. Establishing constructive knowledge is a critical component of Fla. Stat. § 768.0755. The Altman Law Firm utilizes maintenance logs and surveillance to prove this element.
Yes, you can pursue a claim against a municipality for a defective sidewalk, but claims against government entities involve strict procedural rules. Under Florida sovereign immunity laws, you must provide formal written notice to the specific government agency and the Florida Department of Financial Services before filing a lawsuit. There is also a cap on the damages you can recover. The Altman Law Firm is experienced in navigating these complex notice requirements and deadlines to protect your rights against local government entities.
The property owner, business operator, or their liability insurance company may be legally responsible for your medical bills if their negligence caused your fall. However, Florida law requires you to prove they failed to maintain a safe environment. Until a settlement or verdict is reached, your primary health insurance or Medicare or Medicaid typically covers your initial medical expenses. The Altman Law Firm helps clients identify all liable parties and insurance coverage to pursue compensation for medical costs, lost wages, and pain and suffering.
Florida Statute § 768.0755 requires an injured person to prove that a business establishment had actual or constructive knowledge of a dangerous condition, such as a spilled liquid, and should have taken action to remedy it. Constructive knowledge can be shown if the hazard existed for a length of time that it should have been discovered during ordinary care, or if the condition occurred regularly and was foreseeable. Proving this often requires surveillance footage or maintenance logs. The Altman Law Firm investigates these details to build your premises liability claim.
You should decline to provide a recorded statement or discuss your injuries until you have spoken with legal counsel. Insurance adjusters often use these conversations to minimize your claim or shift blame onto you. Instead, follow these steps: 1. Ask for the adjuster's name, phone number, and claim number. 2. Politely state that you are seeking legal representation. 3. End the call without discussing the facts of the fall. Directing these communications to Jeffrey S. Altman protects you from inadvertently harming your premises liability claim.
Yes, you may still have a valid claim, though a warning sign can complicate your case. Property owners must provide adequate and visible warnings of known dangers. If the sign was hidden, placed too far from the actual spill, or left out for days when no hazard existed, the warning may be deemed legally insufficient. Additionally, owners still have a duty to actually clean up the hazard within a reasonable time. Jeffrey S. Altman can assess whether the provided warning was legally adequate.
You can afford legal representation because The Altman Law Firm handles slip and fall cases strictly on a contingency fee basis. This means you pay zero upfront costs and no out-of-pocket hourly fees. Attorney fees and case expenses are only collected as a percentage of your final settlement or verdict. If no financial recovery is obtained, you do not owe attorney fees. Jeffrey S. Altman provides free initial consultations to review your premises liability claim without any financial risk to you.
Yes, you may still pursue compensation even if you were partially at fault. Under Fla. Stat. § 768.81, Florida follows a modified comparative negligence system. This means your financial recovery is reduced by your percentage of fault. However, if you are found to be more than 50 percent responsible for the accident, you are barred from recovering any damages. Jeffrey S. Altman can evaluate the specific circumstances of your fall to determine how comparative negligence might impact your potential premises liability claim.
It is not necessarily too late, but you should act immediately. If possible, have a friend or family member return to the location to photograph the hazard, the surrounding area, and any warning signs or lack thereof. Conditions change rapidly; spills are mopped, and broken stairs are repaired. Even if the hazard is gone, photos of the general layout and nearby surveillance cameras are highly valuable. The Altman Law Firm can then quickly issue preservation letters to secure the remaining evidence.