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High Stack – Brevard County’s Trusted Slip & Fall and Premises Liability Attorneys

Your Guide to Slip and Fall Accident Claims in Brevard County, Florida

slip and fall

Slip and fall accidents are surprisingly common. Often dismissed as minor incidents, they can lead to serious injuries and legal complications in Brevard County, Florida. From busy shopping centers in Melbourne to peaceful residential areas in Cocoa Beach, unsafe conditions on other people’s property can turn an ordinary day into a life-changing event. In Florida, property owners are legally obligated to keep their premises safe for visitors. If they fail to do so, injured individuals may be eligible for compensation. It is crucial to understand the intricacies of Florida law, especially as it pertains to Brevard County. To protect your rights after an accident, it is important to know what to do.

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Understanding Slip and Fall Claims in Florida

A slip and fall accident is a type of personal injury claim filed under the legal principle of premises liability. This means that the property owner or occupier (such as a business landlord or manager) did not fulfill their legal obligation to take care, resulting in a dangerous condition that caused your injury. These incidents can occur anywhere: in stores like Publix and Winn-Dixie, on public sidewalks, in hotels near the coast, or even in private homes. The key factor is not the specific location, but rather whether the person or entity in control of the space acted with reasonable caution.

Common Types of Slip and Fall Accidents We Handle

While hazards are limitless, certain dangerous conditions recur in our community:

  • Retail & Restaurant Hazards: Spills in aisles, recently cleaned floors without warning signs, torn or misplaced floor mats, and debris in the parking lots of many shopping centers in Brevard.
  • Municipal & Common Area Falls: Uneven or cracked sidewalks, poor maintenance of stairs in apartment buildings, inadequate lighting in shared halls or stairwells, and hazards in public parks and beaches.
  • Workplace & Construction Site Accidents: While often covered by workers’ compensation, third-party claims can arise from accidents caused by contractors or owners on a construction site.
  • Private Property Issues: Falls due to broken steps, missing handrails, or slippery surfaces that have not been cleared on residential properties.

  • Mr. Kirby is absolutely amazing and professional! This lawyer really “get’s it”. He is down to earth, patriotic, fair, and intensely thorough. As a retired army guy who understand what right looks like, I highly recommend the High Stakes Law Firm to anyone who wants to get the job done right, the first time

    David

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What Compensation May Be Available?

A successful claim aims to make you “whole” again financially by recovering both economic and non-economic losses. In Brevard County, this may include:

  • Medical expenses: Past, present, and future costs for hospital stays, surgeries, rehabilitation, medications, and assistive devices
  • Lost income and earning capacity: Compensation for wages lost during recovery and any reduction in your ability to earn a living in the future
  • Pain and suffering: Monetary recognition for physical pain, emotional distress, and loss of enjoyment of life caused by the injury
  • In extreme cases, punitive damages: In rare instances of gross negligence or intentional misconduct, the court may award additional damages to punish the defendant

The Critical Challenge: Proving Liability Under Florida Law

This is the most important part of any slip and fall case. The Florida Statute § 768.0755 governs these cases and creates a specific standard of proof for the injured party. Simply falling on another person’s property is not enough to hold a business or property owner responsible. To prove that a business or owner is liable, the injured party must show one of two things:

  1. The business owner had actual knowledge of the dangerous condition and did not take steps to fix it.
  2. The condition existed for so long that, using reasonable care, the business should have been aware of it (known about it).

This is where insurance companies make their strongest defense. They may argue that the hazard was “open and obvious,” that you were not paying attention, or that it appeared suddenly, so that the owner could not reasonably be expected to detect or fix it. To overcome these arguments, immediate and thorough investigation and collection of evidence are required.

Common Causes of Slip & Fall Accidents in Brevard County

Our local environment and infrastructure present specific risks:

  • Weather-related hazards: Sudden afternoon rains can make tile entrances and parking lots dangerous. Oceanfront properties may have to deal with water and sand that is tracked in.
  • Uneven surfaces: Aging infrastructure can lead to cracks and heaves in sidewalks, especially in historic districts and older shopping areas.
  • Poor lighting: Inadequately lit staircases, dimly lit patio areas, and poorly illuminated parking garages on beaches, in restaurants, and in malls can create trip hazards.
  • Neglected maintenance: Failure to repair loose floorboards, damaged carpeting, and potholes on driveways can cause accidents.

What to Do After a Slip & Fall Accident

If you are involved in a slip and fall accident in Brevard County, it’s essential to take immediate steps to protect your health and your legal rights:

  1. Seek Medical Attention: Even if you don’t feel injured, some injuries may not be immediately apparent. A medical evaluation is crucial.
  2. Report the Accident: Notify the property owner or manager as soon as possible. Ensure that an incident report is filed and obtain a copy.
  3. Document the Scene: Take photos or videos of the accident scene, including the hazard that caused the fall. Gather contact information from any witnesses.
  4. Preserve Evidence: Keep the clothes and shoes you were wearing at the time of the accident, as they may be relevant to your case.
  5. Consult with an Attorney: Contact a knowledgeable slip and fall attorney at High Stack Law to discuss your case and explore your legal options.

  • David Gordon and his team worked consecutively for over two years to ensure that my case was settled fairly. I am very grateful for their hard work and the outcome. Thank you David Gordon, and team! Hopefully I will not need representation ever again, but if I do, I will be calling you!!!

    Linsey

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How High Stack Law Can Help

At High Stack Law, we understand the physical, emotional, and financial toll a slip and fall accident can take on you and your family. Our experienced personal injury attorneys are committed to helping victims in Brevard County receive the compensation they deserve. We will thoroughly investigate your case, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court to ensure your rights are protected.

Contact High Stack Law Today

A slip and fall accident can disrupt your life, causing physical pain, financial strain, and uncertainty about your future. Although Florida law provides a way to recover, the system is set up to protect property owners, making it difficult to win these cases without expert legal assistance.

If you or a loved one has suffered an injury due to the negligence of another person in Brevard County, it is important not to underestimate the seriousness of the situation. Do not accept a quick and low settlement offer, as your right to compensation for medical expenses, lost wages, pain and suffering are worth fighting for.

Contact High Stack Law for a confidential consultation. Let our experienced Brevard County personal injury attorneys evaluate the details of your accident, clearly explain your legal options, and outline a strategy to seek the maximum compensation you deserve. We have over 60 years of experience and a commitment to providing justice, and we are here to stand with you.

Common Slip and Fall Accident FAQ

What do I need to prove for a slip and fall claim in Florida?

To succeed, you must prove a dangerous condition existed on the property, the owner knew or should have known about it, they failed to fix or warn of the hazard, and that failure directly caused your injury. Florida law places a specific burden on the injured person, requiring evidence that the owner had actual or constructive knowledge of the danger.

How long do I have to file a slip and fall lawsuit in Brevard County?

Florida’s statute of limitations for personal injury, including slip and fall accidents, is generally four years from the date of the incident. However, evidence must be preserved immediately, as surveillance footage is often overwritten and conditions change quickly. Consulting an attorney promptly is critical to protect your claim.

What compensation can I recover after a slip and fall?

You may be entitled to compensation for medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, and property damage. In rare cases of willful negligence, punitive damages may also be available. The amount depends on injury severity, the clarity of liability, and the available insurance coverage.

What are common causes of slip and falls in Brevard County?

Local hazards include wet floors from rain or spills, uneven sidewalks due to erosion or tree roots, poor lighting in parking garages or stairwells, obstructions like boxes or cables, and weather-related slick surfaces from frequent thunderstorms. Tourist areas like Cocoa Beach see increased risks at hotels, restaurants, and public walkways.

What should I do immediately after a slip and fall accident?

Seek medical attention, even if injuries seem minor. Report the incident to the property manager and request a written report. Document the scene with photos of the hazard and your surroundings, gather witness contact information, preserve the clothing and shoes you wore, and avoid giving any recorded statement to insurance adjusters before speaking with an attorney.

How does Florida’s weather affect liability in slip and fall cases?

Brevard’s high humidity and frequent rain create ongoing hazards like tracked-in water. Courts consider whether property owners took reasonable steps—such as placing absorbent mats, increasing cleaning frequency, or posting warnings—to address foreseeable weather-related dangers. Failure to implement these measures can establish constructive knowledge of a hazard.

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