Fort Lauderdale Trip and Fall

A Fort Lauderdale trip and fall accident can happen for a variety of reasons. Most often, however, there is some factor involved that led to the fall beyond the victim just tripping over his or her own feet. Some of the most common reasons why trip and fall accidents occur include:

• A step-down or change in elevation of the flooring;
• Flooring that has one or more poorly lit areas;
• A floor that is uneven on its surface;
• Dangerous stairs with narrow treads, uneven treads or a broken railing
• A change in the surface of the floor (i.e. a shift from carpet to tile);
• A throw rug or other unsecured carpeting that does not remain flat or slides; and
• Cracked tile or cracks in a sidewalk or asphalt.

These examples illustrate how dangerous conditions can cause or contribute to a trip and fall accident. Florida law mandates that property owners are generally expected to correct dangerous conditions on their land or warn visitors of those conditions in an effort to prevent an injury. It is not just owners of commercial properties in Fort Lauderdale such as restaurants and stores who have a broad obligation to patrons and are required to inspect the property on a regular basis. Residential homeowners in Florida also have a duty to visitors invited over to correct or warn about hazards that they know about, or should have known about, on their land.

There are several types of injuries that may result from a trip and fall accident in Fort Lauderdale. According to the Center for Disease Control (CDC) one in five falls results in serious injuries, making it difficult for the injured victim to get around, do everyday activities, or even live alone. Trip and falls can cause:

• Broken bones, including the wrist, ankle, arm and hips;
• Head injuries such as concussions and TBIs;
• Fear of falling, making the person less active;
• Spinal injuries that can cause difficulty ambulating;
• Death, especially for those aged 65 and older.

Most personal injury damages, including those involving trip and falls, are classified as compensatory. This is because the goal of the monetary damages is to compensate the injured to make him or her whole again from a financial standpoint. The different types of compensatory damages that are common in personal injury cases include expenses for past and future medical treatment, loss of past and future wages; property loss and/or damage to property; pain and suffering; emotional distress; loss of consortium; and loss of enjoyment. In the most egregious cases, Florida law allows for punitive damages on top of compensatory damages. Punitive damages are intended to punish a defendant’s bad behavior by making him or her pay more in damages to the injured victim with the hope of deterring similar future behavior. Florida law caps punitive damages to three times the award or $500,000.

With more than 25 years of experience successfully litigating personal injury cases for their clients, including trip and fall accidents, the skilled lawyers at the Law Offices of Joseph I. Lipsky, P.A. will fight for the benefits to which you are entitled under Florida law. Click here today or call us at 954-693-0073 to schedule your initial, free, case evaluation.