Can I Sue After a Slip and Fall in Orlando?

Whether a slip and fall in Orlando happened in a grocery store, hotel, restaurant, or on a wet theme park walkway, such an accident can result in serious injuries, from fractures and concussions to back injuries and long-term disabilities. 

When your injury could have been prevented if the property owner had done their job, it’s not just an accident; it may be grounds for legal action: a slip and fall lawsuit.

If you’re wondering if you can sue for a slip and fall in Orlando, the answer depends on the specific details of the accident. Still, you may have a valid claim under Florida’s premises liability laws.

At The Morgan Law Group, our slip and fall attorney in Orlando represents injured individuals who were hurt due to unsafe conditions on someone else’s property. 

Can I Sue for a Slip and Fall in Orlando? 

Yes, you can sue after a slip and fall in Orlando if your injury was caused by a dangerous condition that the property owner or operator knew about, or should have known about, and failed to fix or warn you about.

Slip and fall injuries fall under premises liability law in Florida. That means property owners and businesses are responsible for maintaining reasonably safe conditions for visitors. When they don’t, and someone gets hurt, the injured person may have the right to sue for damages, including medical expenses, lost wages, pain and suffering, and more.

A valid slip and fall lawsuit in Orlando usually involves the following elements:

• Dangerous Condition: There was a hazardous condition (such as a wet floor, uneven surface, poor lighting, or broken handrail) that posed a risk to visitors.
• Knowledge or Constructive Knowledge: The property owner knew or should have known about the hazard. For example, a spill that was on the floor for an extended period without cleanup may show constructive knowledge.
• Failure to Address: The property owner or staff failed to repair, clean up, or warn you about the hazard in a timely and reasonable manner.
• Injury and Damages: The accident caused you to suffer actual injuries that required medical treatment and led to other financial or emotional damages.

Simply getting injured on someone else’s property is not enough. Your case must show that the injury was preventable and that the owner’s negligence played a role in allowing the danger to exist.

How Long Can I Sue for a Slip and Fall in Orlando?

If you’re thinking of suing for a slip and fall, it’s important to act quickly. Florida law imposes a strict deadline for filing personal injury claims, including slip and fall cases.

As of March 24, 2023, the statute of limitations for slip and falls in Florida is 2 years from the date of the incident. This was shortened from the previous four-year window by House Bill 837. If you wait longer than 2 years, you’ll likely lose the right to sue even if you have a strong case.

There are some exceptions, such as if the victim is a minor or if the injury wasn’t discovered right away. But in most cases, you should assume that the two-year deadline applies. The sooner you speak with a slip and fall attorney in Orlando, the better your chances of preserving evidence and protecting your rights.

What Do I Do to Sue Someone After a Slip and Fall?

If you were injured in a slip and fall in Orlando, taking the right steps early on can make all the difference. Filing a lawsuit starts with what you do in the hours and days immediately after your accident.

Here’s what you should generally do:

• Seek Medical Treatment: Getting prompt medical care documents your injuries and creates a medical record that supports your claim. Waiting too long can make it harder to connect your injuries to the fall.

• Report the Incident: If the fall happened at a business or commercial property, report it to the manager or property owner. Ask for a copy of the incident report, and get the names of anyone who witnessed it.

• Gather Evidence: Photograph the scene, your injuries, and any hazard that caused the fall. If there were security cameras nearby, note their location. Get names and contact information from any eyewitnesses.

• Preserve Clothing and Shoes: The shoes and clothing you were wearing may become evidence. Don’t throw them out or wash them; your slip and fall attorney may want to inspect them for traction or damage.

• Avoid Speaking to Insurance Adjusters Alone: Insurance companies are not always on your side. Their goal is to minimize payouts or deny claims. If they call you for a statement, you have the right to decline until you speak with a lawyer.

Consulting with a slip and fall attorney in Orlando, Florida, ensures you receive guidance tailored to your specific case. A lawyer will investigate the incident, collect additional evidence, and handle communications with insurance companies.

Should My Slip and Fall Case Really Go to Court in Orlando?

Not every case needs to go to trial. In fact, many slip and fall lawsuits in Orlando are settled out of court. 

But filing a lawsuit leads to a fairer settlement once the defendant sees you’re serious about your claim. If the case does proceed to trial, your attorney will argue your case before a judge or jury, aiming for the full compensation you deserve.

However, whether or not your case should proceed to litigation depends on several factors:

A settlement for your slip and fall case might make sense if:

• The property owner’s liability is clear
• The injuries are well-documented and supported by medical records
• The insurance company offers a fair settlement

Going to court might be necessary for your case if:

• The property owner denies responsibility
• The insurer disputes the severity of your injuries
• The settlement offer does not cover all your damages

A seasoned slip and fall attorney in Orlando will weigh these factors and give you an honest assessment. They’ll also prepare your case as if it’s going to court, giving you leverage in settlement talks.

Learn What’s the Best Legal Action After Your Slip and Fall Case

Every slip and fall case is different. The right legal action depends on where the fall happened, who is responsible for the property, and how the injury has affected your life. Whether you slipped at a theme park, hotel, restaurant, retail store, or private residence, your case deserves serious attention.

Working with an experienced team of slip and fall attorneys in Florida helps ensure that no detail is overlooked. From gathering surveillance footage to tracking down maintenance logs, attorneys investigate what really happened and build your claim based on Florida premises liability law and the evidence available.

Find Out if You Can Sue for a Slip and Fall in Orlando 

If you’re still thinking about whether you should sue for a slip and fall in Orlando – or not – you have the right to explore your legal options and find out what type of claim, settlement, or lawsuit makes sense for your situation.

At The Morgan Law Group, we know how hard it can be to recover physically, emotionally, and financially after a slip and fall injury. That’s why we take time to understand your case, explain your options, and fight for the compensation you’re entitled to. 

Let us help you move forward – an injury law firm that understands Florida slip and fall law. Call our Orlando office today at (407) 707-6035 or contact us using our online form for a free consultation with our slip and fall attorney.