CALL US FOR A FREE CASE REVIEW
CALL US FOR A FREE CASE REVIEW

Maitland Slip and Fall Lawyer

Slip and Fall Accident Attorneys in Maitland, Florida

Slip and fall accidents can result in serious injuries, especially on property that should have been kept safe. Fractures, head trauma, back injuries, and joint damage are common outcomes. In many cases, the harm can be prevented. Florida law gives injured individuals the right to seek compensation when a property owner or operator fails to correct dangerous conditions or provide adequate warning.

In Maitland, slip and fall incidents can occur in grocery stores, apartment buildings, parking lots, retail establishments, or public walkways. Wet floors, poor lighting, broken steps, or cluttered walkways may cause these accidents. While some injuries heal on their own over time, others may require surgery, physical therapy, or ongoing medical care. The physical and financial toll can affect the injured person and their household.

If you or someone close to you was injured on someone else’s property, legal guidance can help you determine whether a claim is possible. An experienced attorney can determine whether the property owner breached a legal duty and whether there is evidence to support liability.

To request a free consultation with a Maitland slip and fall attorney, call 888-570-5677 today.

Table of Contents

Compensation Available After a Slip and Fall Injury

Attorney Anthony M. LopezInjuries from slip and fall accidents can lead to significant financial strain. A Maitland personal injury lawyer can help you pursue compensation under Florida law when a property owner’s negligence contributed to the accident.

Categories of damages may include:

Medical Expenses. This includes the cost of emergency treatment, diagnostic testing, surgery, hospitalization, physical therapy, medical devices, prescriptions, and future medical care. In some cases, long-term treatment plans or rehabilitation support may be necessary.

Lost Income. Many victims are unable to work for a while due to their injuries. Compensation may include lost income, diminished earning capacity, and loss of job-related benefits. Retraining or job transition costs may also be recoverable if the injury prevents you from returning to the same type of work.

Pain and Suffering. This refers to the physical discomfort and emotional strain caused by the injury. Chronic pain, limited mobility, anxiety, and sleep disruption are all considered when evaluating this category.

Loss of Enjoyment of Life. When an injury interferes with daily activities, hobbies, or family relationships, the injured person may be able to recover damages for the impact on their quality of life. This includes both physical limitations and emotional distress.

Out-of-Pocket Costs. These may include transportation to medical appointments, home modifications, or assistive equipment needed during recovery.

Each case is evaluated individually. The amount of compensation depends on the severity of the injury, the strength of the evidence, and the long-term impact on the injured person’s daily life. Thorough documentation improves the accuracy of damage assessments and supports negotiation or litigation efforts.

Common Causes of Slip and Fall Accidents in Maitland

Slip and fall incidents can occur in a variety of settings, from commercial spaces to residential complexes. Many of these accidents result from conditions that property owners or operators had a legal obligation to address. Common hazards include:

  • Slippery Surfaces. Spills, mopped floors without warning signs, leaks, and standing water commonly found in grocery stores, restaurants, and shopping centers contribute to falls.
  • Uneven Walkways. Cracks in sidewalks, loose floorboards, and unmarked elevation changes are frequent causes of trips and slips.
  • Poor Lighting. Inadequate lighting in stairwells, hallways, and parking areas can make visible hazards difficult to see.
  • Missing Handrails. The absence of guardrails on stairs or ramps increases the risk of injury, particularly for older adults or individuals with mobility issues.
  • Obstacles and Clutter. Boxes, cords, equipment, or other objects left in walkways present significant trip hazards.
  • Defective Flooring. Torn carpets, broken tiles, or overly polished surfaces can cause unexpected slips.

These hazards may occur inside or outside a structure, and liability may extend to private businesses, landlords, public agencies, or homeowners. Property owners must inspect their premises regularly and promptly correct or warn of hazards. Failure to do so can support a premises liability claim.

What to Do After a Slip and Fall in Maitland

Over $1 Billion Recovered BadgeTaking prompt steps after a slip and fall injury improves your health outcome and ability to pursue a legal claim. While each situation is different, the following actions are recommended.

  1. Seek Medical Attention Immediately
    Some injuries are not immediately apparent but may worsen over time. Seeing a medical provider documents your condition and helps establish the connection between the accident and your injuries.
  2. Report the Incident
    Notify the property owner, manager, or responsible employee. Request a copy of the incident report, if one is prepared. If the fall occurred in a public building or business, ask for written confirmation that the accident was logged.
  3. Document the Scene
    Take photographs of the hazard that caused the fall, including water, broken flooring, debris, or lighting conditions. Capture the surrounding area and any visible warning signs, or lack thereof.
  4. Preserve Evidence
    Keep the shoes and clothing you wore at the time of the fall. Do not clean or alter them. These items may help support claims related to slip resistance or the extent of visible injury.
  5. Identify Witnesses
    Ask for the names and contact information of any bystanders who saw the fall or observed the hazardous condition. Witness statements can be helpful if the property owner disputes your account.
  6. Limit Conversations With Insurance Companies
    Avoid making statements or signing documents provided by property owners or their insurers without legal review. Recorded statements can be used against you later in the claims process.

Early action preserves evidence and avoids disputes over what occurred. If you are unsure whether a property hazard caused your fall, a legal review can help clarify whether a duty was breached and if a claim is possible.

Liability in Florida Slip and Fall Cases

In Florida, slip and fall cases fall under premises liability. Property owners and occupiers are legally responsible for maintaining reasonably safe conditions for people who are lawfully on their premises. Liability depends on several factors, including the type of property, the relationship between the injured party and the property owner, and the condition that caused the fall.

To succeed in a slip and fall claim, the injured party must generally establish four elements:

  1. A Duty Was Owed
    The property owner was legally obligated to maintain the premises in a reasonably safe condition or warn of hazards.
  2. The Duty Was Breached
    The owner failed to correct a known danger or to warn guests or patrons of its existence. This could include failing to fix a broken step or ignoring a wet floor for an unreasonable time.
  3. The Breach Caused the Injury
    There must be a direct link between the unsafe condition and the injury sustained. This includes both physical and circumstantial evidence showing how the fall occurred.
  4. Damages Were Suffered
    The injured party experienced harm that may include medical bills, missed work, physical pain, or long-term limitations.

Florida law also examines whether the property owner had actual or constructive knowledge of the hazard. Constructive knowledge can be proven by showing that the hazard existed for a length of time sufficient for the owner to have known about it through ordinary care.

Sometimes, video surveillance, maintenance records, or witness testimony can demonstrate that a hazard existed and was ignored. This evidence becomes crucial when the property owner denies liability or claims they were unaware of the condition.

Slip and Fall Lawsuit Process in Maitland

Bringing a slip and fall injury claim in Maitland typically begins with a personal injury attorney evaluating your case. Once it is determined that legal grounds exist, your attorney may proceed with the following steps.

Investigation and Evidence Gathering

This includes obtaining photos, medical records, witness statements, and incident reports. Experts may sometimes be consulted to reconstruct the incident or analyze safety standards.

Notification of the Property Owner or Insurer

A formal notice or demand letter is sent, typically outlining the claim, the evidence available, and the damages being sought.

Negotiation

Insurance companies often respond with initial settlement offers, which may be lower than the claim’s worth. Negotiation allows for a back-and-forth discussion to reach a fair resolution without resorting to litigation.

Filing a Lawsuit

If the insurance company does not offer a fair settlement, your attorney may file a formal complaint in the appropriate Seminole County court. This marks the beginning of the litigation process, which includes written discovery, depositions, and potential motions.

Settlement or Trial

Many cases resolve through mediation or settlement before trial. However, your case may proceed to a jury verdict if no agreement is reached.

The timeline varies depending on the severity of injuries, the opposition’s cooperation, and the availability of evidence. Some cases resolve within months, while others take over a year.

Florida’s Statute of Limitations for Slip and Fall Claims

ANTHONY LOPEZ CEO - Your Insurance AttorneyIn Florida, injury claims must be filed within a specific period. This legal deadline, known as the statute of limitations, affects whether a case can proceed in court. As of March 24, 2023, the law provides the following timeframes.

  • General Negligence Claims. Must be filed within two years of the injury being discovered or reasonably should have been discovered.
  • Statute of Repose. Regardless of when the injury was discovered, no claim may be filed more than four years after the incident.

These time limits apply to most slip and fall claims in Florida. However, exceptions may exist in some instances.

  • Wrongful Death. If the accident resulted in death, the lawsuit must be filed within two years of the date of death.
  • Claims Against Public Entities. If the property is government-owned, the claimant must provide notice within three years of the incident. A lawsuit may only be filed after the government entity has reviewed and denied the claim, or after six months without a response.

Missing a filing deadline typically results in the case being dismissed, regardless of its merits. A prompt legal evaluation with a skilled slip and fall lawyer in Maitland ensures that proper documentation is completed and deadlines are met.

Common Defenses in Slip and Fall Claims in Maitland

Your Insurance AttorneyProperty owners and their insurers often defend against slip and fall claims by attempting to limit or deny liability. These defenses may be raised at any stage of the claim process, from initial correspondence to trial. Understanding these arguments can help claimants and their attorneys prepare appropriate responses.

Lack of Knowledge

A property owner may assert they were unaware of the hazardous condition and, therefore, not responsible. Florida law allows liability to attach even if the owner did not have actual knowledge, provided it can be shown they should have known through reasonable inspection.

Open and Obvious Hazard

Defendants may argue that the danger was so apparent that the injured person should have avoided it. If a court agrees that the hazard was clearly visible and avoidable, it may reduce or eliminate recovery. However, if the condition posed a foreseeable risk regardless of visibility, the defense may not hold.

Contributory Fault

Under Florida’s comparative fault rule, an injured person’s compensation may be reduced if they are found to have contributed to the accident. Property owners may argue that inappropriate footwear, distraction, or disregard of warning signs played a role in the fall. Even if the court accepts partial fault, compensation can still be awarded based on the degree of responsibility assigned to each party.

Lack of Evidence

Defendants may challenge the reliability or sufficiency of the evidence provided. For this reason, preserving documents, photographs, medical records, and witness accounts becomes particularly important.

Legal counsel can anticipate these defenses and prepare counterarguments supported by documented facts and legal precedent.

Why Choose Your Insurance Attorney For Your Maitland Slip and Fall Claim

A local attorney who regularly handles slip and fall claims can help you understand how Florida law applies to your circumstances and pursue compensation for your losses. While no two accidents are identical, attorneys experienced with premises liability claims in Seminole County bring several practical advantages.

  • Case Evaluation. Attorneys assess the evidence and determine whether legal responsibility can be established under current law.
  • Investigation Support. Lawyers work with investigators, medical providers, and other professionals to gather records, photograph the scene, and obtain available surveillance footage.
  • Claim Management. Legal teams prepare formal demands, handle communication with insurance companies, and evaluate settlement offers based on documentation of injuries and financial losses.
  • Court Representation. If a fair settlement cannot be reached, your attorney prepares your case for litigation and represents you throughout the legal process.

Your Insurance Attorney has resolved thousands of injury cases and recovered over $1 billion for clients across Florida, including premises liability claims arising from falls in retail stores, apartment buildings, restaurants, and public property. 

We communicate directly with your legal team throughout the process and operate on a contingency fee basis. This means you pay no attorney fees unless compensation is recovered.

Contact Us For a Free Consultation With a Maitland Slip and Fall Attorney

ANTHONY - LOPEZ CEO - Your Insurance AttorneyIf you or a loved one was injured due to hazardous conditions on someone else’s property in Maitland, you may have the right to seek financial recovery. The sooner your case is reviewed, the more likely it is that key evidence can be preserved and important filing deadlines can be met.

Your Insurance Attorney offers free, no-obligation consultations to help you determine your legal options. During your consultation, an attorney will review the facts of your case, explain how Florida premises liability laws apply, and answer your questions about next steps.

Call 888-570-5677 or complete the contact form to schedule your consultation. We represent injury victims throughout Maitland and Seminole County and are prepared to assist you with every stage of the claims process.

Frequently Asked Questions About Slip and Fall Claims in Maitland

How long does a slip-and-fall claim typically take?

The timeline depends on the severity of the injuries, the availability of evidence, and the property owner’s or insurer’s willingness to settle. Some claims resolve within a few months, while others require formal litigation and may take a year or longer.

Do I need to go to court?

Most slip-and-fall claims are settled outside of court. However, if liability is disputed or the insurer refuses to offer fair compensation, a lawsuit may be necessary.

Can I sue a government agency for a fall?

Yes, but different rules apply. Claims against public entities require formal notice within a shorter timeframe, and additional procedural steps must be followed before a lawsuit can be filed.

What if I were partially at fault?

Under Florida law, compensation may still be available even if you contributed to the accident. However, your award may be reduced by your percentage of fault. Legal review helps clarify how the law applies in these situations.

What does it cost to hire an attorney?

Your Insurance Attorney handles slip and fall claims on a contingency fee basis. There are no upfront fees. You only pay if compensation is secured on your behalf.

Your Insurance Attorney - Maitland Office

2300 Maitland Center Pkwy
Maitland, FL 32751
Ph: 888-570-5677

Marcos Ramirez
I was involved in a car accident and Zachary Doniger represented me and did a great job settling my claim. He is extremely knowledgeable and has great communication skills. I wouldn't recommend any other firm to go to if you are involved in an accident. Overall amazing.
Stephen Chaikin
Absolutely the best law firm my son got into 2 car accidents amazing results 5 STARS !! ASK fort Carla she’s a super star
Tati Properties
Zach Doniger was my insurance attorney after my car accident, the firm handled my case very professionally with excellent communication throughout the process. I highly recommend them!
Pat C
I highly recommend Zachary Doniger as your personal injury attorney. I was involved in a car accident for the first time and I was not at fault. Zach and the rest of the team eased my mind, guided me and answered my questions about the whole process. They keep you updated and promptly respond to you . Definitely great customer service and professionalism. . I am also very happy with the settlement I got, thanks to his outstanding negotiation skills I got a great offer from the insurance company.
Claudia Diaz
Dayana Rodriguez helped me with my case in a car accident against United auto insurance, Stephanie Cabrera was my attorney. Thank you!

We don’t get paid unless you do.

Don’t settle for a lowball amount or suffer in silence when an insurance company denies your claim. We can review your case for free and we don’t take a penny unless we win.

#FearTheBeard ™

FAQ

You handle personal injury,
property damage, and health
claims. How do you do it all?

What does “we don’t get
paid until you do” mean?

Why should people speak
with YIA first before calling
their insurance company?

AS SEEN ON...

As Seen On Logos