If you were injured in a slip and fall accident in Ocala, Florida law gives you the right to seek payment for your injuries.
To have a valid claim, you must show that the property owner was negligent. This is a legal term that means they knew, or reasonably should have known, about a dangerous condition on their property and did nothing to fix it or warn you about it. Property owners and their insurance companies investigate these incidents looking for any reason to argue you were at fault. Our job is to build a case that keeps them accountable and ensures no blame is unfairly placed on you.
At Steven A. Bagen & Associates, P.A., we have focused on helping people injured in falls for more than four decades. We understand the evidence required to build a strong claim and how to counter the arguments property owners use to avoid responsibility. If you have questions, call us for a free, no-obligation consultation at (352) 377-9000.
Why Choose Steven A. Bagen & Associates, P.A. for Your Ocala Slip and Fall Case?
A Record of Success Built Over 40 Years
Our firm brings more than four decades of experience to personal injury law. This long history has given us a deep understanding of how to handle these cases effectively for our clients.
Proven Results for the Injured
- A 99% success rate in securing favorable outcomes for our clients.
- Hundreds of millions of dollars recovered for people who were injured through no fault of their own.
Nationally Recognized, Locally Focused
While the American Trial Lawyers Association recognized our firm as a Top 100 personal injury law firm, our focus remains on serving our community here in Ocala.
Your Recovery is Our Priority
- No Win, No Fee: We operate on a contingency fee basis. This means you pay us nothing unless and until we recover compensation for you.
- Free Case Review: We will listen to your story and explain your legal options in a free, confidential consultation.
- Direct & Personalized Attention: You are not just a case file. Our team provides support and clear communication throughout the entire legal process.
Conveniently Located in Ocala
- Our Ocala office is located at 1521 S Pine Ave, Ocala, FL 34471.
- The office is centrally located on a main thoroughfare, just a short drive from downtown Ocala and near the Ocala Regional Sports Complex.
What Makes a Slip and Fall a Valid Legal Claim?
Understanding Premises Liability
“Premises liability” is the legal concept holding property owners responsible for injuries that happen on their property. The foundation of these cases is proving negligence. Simply put, you must show the property owner failed in their duty to keep you reasonably safe.
Common Causes of Slip and Fall Accidents
Falls happen for countless reasons, but many stem from poor maintenance and overlooked hazards.
- Wet and Slippery Surfaces: Spills that aren’t cleaned up, freshly mopped floors without warning signs, or tracked-in rainwater.
- Uneven Flooring: Cracked sidewalks, torn carpeting, loose floorboards, or poorly maintained thresholds.
- Cluttered Walkways: Merchandise, boxes, or equipment left in aisles or hallways, creating tripping hazards.
- Poor Lighting: Dimly lit stairwells, parking lots, or hallways that make it difficult to see potential dangers.
- Damaged Stairs: Broken steps, missing handrails, or stairs that are not built to code.
The Key to a Successful Claim: Proving the Property Owner Knew
Under Florida Statute 768.0755, if you slip and fall on a “transitory foreign substance” (like a spilled liquid) in a business, you must prove the business knew about the dangerous condition. This is shown in one of two ways:
- Actual Knowledge: An owner or employee caused the spill, saw it, or was told about it.
- Constructive Knowledge: The condition existed for such a long time that the business should have discovered it through reasonable care. Evidence like dirty footprints through a spill or witness testimony could help establish this.
Common Injuries from Falls
Even a seemingly minor fall could cause serious harm. Falls are a leading cause of emergency room visits and can result in debilitating injuries.
- Soft Tissue Injuries: Sprains, strains, and tears in muscles, ligaments, and tendons, such as a whiplash injury.
- Fractures: Broken bones are common, particularly in the hip, wrist, and ankle.
- Head Injuries: A fall may easily lead to a concussion or a more severe traumatic brain injury (TBI).
- Spinal Cord Injuries: Damage to the vertebrae or spinal cord may result in chronic pain or even paralysis.
Where Do Slip and Fall Accidents Happen Most in Ocala?
Certain locations present a higher risk due to heavy foot traffic and the potential for overlooked hazards.
- Grocery Stores and Supermarkets: Places like Publix, Walmart, and Winn-Dixie are common sites for spills in the produce section, leaks from freezers, or fallen items creating hazards in the aisles.
- Restaurants and Bars: Spilled drinks, greasy kitchen floors, and poorly lit dining areas could all lead to dangerous falls.
- Shopping Malls and Retail Stores: High foot traffic increases the risk of spills and clutter, while poorly maintained entrances and parking lots become hazardous, especially during rainy weather.
- Apartment Complexes and Hotels: Broken stairs, uneven pavement in common areas, poorly lit walkways, and swimming pool decks are frequent locations for accidents.
- Public Parks and Sidewalks: Government entities are responsible for maintaining public spaces. Cracked sidewalks, potholes, or unsafe playground equipment could lead to valid claims.
What Kind of Evidence Strengthens Your Claim?
A successful claim depends on strong, clear evidence that shows the property owner was at fault.
- Photos and Videos: A picture is worth a thousand words. Photos of the hazard that caused you to fall, the surrounding area, and your injuries are incredibly persuasive. If you notice any security cameras, documenting their location is also helpful.
- Incident Reports: If you fall at a business, report it to a manager immediately. The business will likely create an incident report. Stick to the facts like date, time, location, and ask for a copy for your records.
- Witness Information: If anyone saw you fall, get their name and phone number. An independent account of what happened can be a deciding factor in a case.
- Medical Records: Seeking medical attention right away creates a direct link between the fall and your injuries. These records document the severity of your injuries and the cost of your treatment.
What Compensation Can You Pursue in a Slip and Fall Claim?
The goal of a personal injury claim is to secure financial compensation to cover the losses you have suffered because of the accident. This is divided into different categories of “damages.”
Economic Damages: The Tangible Costs
These are the specific, calculable financial losses tied to your injury. We will gather bills, receipts, and pay stubs to document these expenses.
- Medical Bills: Covers everything from the initial emergency room visit to ongoing physical therapy, surgery, and future medical needs.
- Lost Wages: Compensation for the income you lost while unable to work.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to earn a living in the future.
Non-Economic Damages: The Intangible Impact
These damages are meant to compensate you for the non-financial ways the injury has affected your life.
- Pain and Suffering: For the physical pain and emotional distress caused by the injury and your recovery.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or daily routines you once enjoyed.
How Florida’s Comparative Fault Rule Can Affect Your Compensation
Florida follows a “modified comparative negligence” rule. This means that if you are found to be partially at fault for your accident, your compensation could be reduced by your percentage of fault.
However, if you are found to be more than 50% at fault, you are barred from recovering any damages. Insurance companies use this rule to argue that you were not paying attention or were wearing inappropriate footwear. Our role is to build a strong case that minimizes any blame unjustly placed on you.
The Role of the Property Owner’s Insurance Company
After a fall, you will likely be dealing with an insurance adjuster, not the property owner directly. It is important to remember their role in this process.
A Conflict of Interests
The insurance company is a business. Its goal is to protect its bottom line, which means it must balance paying legitimate claims with minimizing its financial payouts. This creates a natural conflict with your goal, which is to receive full and fair compensation for all your losses.
What to Look Out For
- Requests for a Recorded Statement: Adjusters may ask you to provide a recorded statement about the accident. You are not obligated to do this. They will try to use your words out of context later to argue you were at fault. It is best to let your attorney handle all communications.
- A Quick Settlement Offer: Some insurers might make an offer early on, before the full extent of your injuries is known. This may seem helpful, but it is often an attempt to settle the claim for less than it is worth before you realize you may need ongoing medical treatment.
- A Methodical and Slow Process: The claim process is filled with paperwork and investigation. It is a long and tedious journey. It is easy to get frustrated as bills pile up, and some people accept a lower offer just to get it over with.
What Should You Do to Protect Your Rights After a Fall?
Even after you have received initial medical care, there are steps you could take to strengthen your potential claim while your lawyer handles the legal work.
Follow Your Doctor’s Treatment Plan
Attend all follow-up appointments and physical therapy sessions. If you do not follow medical advice, an insurance company may argue that you were not truly injured or that you made your injuries worse.
Keep All Receipts and Paperwork
Save every bill, receipt, and explanation of benefits related to your injury. This includes costs for prescriptions, co-pays, and even mileage to and from doctor’s appointments.
Document Your Experience in a Journal
Write down how you are feeling each day. Note your pain levels, any physical limitations, and how the injury is affecting your daily life.
Stay Off Social Media
Insurance companies regularly check claimants’ social media profiles. A single photo or post, even one taken out of context, could be used to argue that your injuries are not as severe as you claim. It is safest to avoid posting until your case is resolved.
Frequently Asked Questions About Ocala Slip and Fall Claims
How long do I have to file a slip and fall lawsuit in Florida?
For most personal injury cases, Florida’s statute of limitations gives you two years from the date of the accident to file a lawsuit. If you miss this deadline, you will likely lose your right to pursue compensation.
What if the property owner put up a “wet floor” sign?
A warning sign does not automatically protect a property owner from liability. The sign must be placed in a visible location that gives adequate warning. If the sign was hidden, had fallen over, or was placed after you had already entered the hazardous area, the owner may still be considered negligent.
Can I still have a case if the business has video of my fall?
Yes. In fact, video evidence is one of the most powerful tools in your case. It provides an unbiased record of what happened. An experienced attorney knows how to secure this footage before it is deleted and use it to demonstrate how the dangerous condition caused your fall.
Do I really need a lawyer if my injuries seem minor?
Some injuries, like soft tissue damage, may not seem severe at first but can develop into chronic pain issues later. An early settlement offer from an insurance company will not account for this. Consulting with a lawyer ensures you understand the potential long-term value of your claim before you agree to anything.
Take the Next Step with Steven A. Bagen & Associates, P.A.
You do not have to let a property owner’s carelessness dictate your future. Our team is ready to stand up for you, handle the legal process, and pursue the full compensation available under the law.
Let us put our 40 years of experience to work for you. Contact us today for a free, confidential discussion about your case. Call Steven A. Bagen & Associates, P.A. at (352) 377-9000.