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Schedule Your Free ConsultationA Slip and Fall Can Change Your Life in an Instant
One moment you're walking through a grocery store, stepping into a hotel lobby, or crossing a parking garage, and the next, you're on the ground, injured, and wondering what just happened. If you've been hurt on someone else's property, reaching out to a Fort Lauderdale slip and fall accident lawyer is one of the most important steps you can take right now. A single injury can result in broken bones, a traumatic brain injury, or a herniated disc that keeps you out of work for months.
Property owners in Fort Lauderdale have a legal duty to keep their premises safe. When they fail that duty, Florida law may allow you to pursue compensation for the losses resulting from your injuries. But getting that compensation isn't simple, insurers fight these claims hard, and they're good at it.
That's where Feingold, Posner & Draizin Accident Lawyers comes in. Our attorneys spent years on the insurance defense side before switching to represent injured clients exclusively. We know the playbook insurers use because we previously handled these claims from the defense side. Now we use that knowledge to protect you.
We don't see clients as case numbers. Every person who walks through our door, or calls us from a hospital bed, receives the same dedicated attention we'd give a member of our own family. That's not a tagline. It's how we work, every single day.
Call us at 954-953-5861 for a free, no-obligation consultation. There's no fee unless we recover for you.
Where and Why Slip and Fall Accidents Happen in Fort Lauderdale
Fort Lauderdale is a city built on foot traffic. Millions of tourists move through Las Olas Boulevard, the beach corridor, and Port Everglades every year. Dense retail strips, aging commercial buildings, and Florida's near-daily afternoon rains create conditions where slip and fall accidents happen constantly, and often preventably.
Hazardous conditions that commonly cause falls include:
- Wet or slippery floors from spills, mopping, or tracked-in rainwater
- Uneven or cracked pavement on sidewalks and parking lots
- Broken or missing handrails on stairs and ramps
- Poor lighting in stairwells, garages, and hallways
- Loose or torn carpeting and floor mats
- Cluttered store aisles and unmarked elevation changes
Property owner failures that turn hazards into lawsuits include:
- Failure to inspect the premises on a reasonable schedule
- Failure to post warning signs near known wet or slippery areas
- Failure to repair known hazards within a reasonable time
- Failure to maintain outdoor walkways, especially after rain
These accidents happen across a wide range of Fort Lauderdale locations:
- Grocery and big-box retail stores
- Hotel lobbies, pool decks, and resort common areas
- Restaurant and bar patios along the beach and Las Olas
- Parking garages and surface lots
- Apartment complex common areas and laundry facilities
- Cruise terminal facilities at Port Everglades
- Construction site perimeters accessible to the public
- Government-owned sidewalks and public parks
Slip and fall accidents are a common cause of emergency room visits and injury-related medical treatment in Florida. The injuries are real, the costs are serious, and in most cases, someone else is responsible. If you recognize your situation in any of the above, keep reading, because how you handle the next few days matters enormously.
Florida Premises Liability Law and What You Must Prove
Slip and fall claims in Florida fall under premises liability law. The specific statute that governs most business-related falls is Fl. Stat. § 768.0755, which applies to transitory foreign substances in business establishments. In plain terms: if you slipped on a spilled liquid, a wet floor, or loose debris in a store or restaurant, this is the law that controls your case.
The Elements You Must Establish
To recover compensation, you generally need to prove:
- Knowledge of the hazard: The property owner or operator had actual or constructive knowledge that the dangerous condition existed
- Failure to act: The owner failed to take reasonable steps to fix the hazard or warn visitors about it
- Causation: That failure directly caused your injuries
The knowledge element is where most cases are won or lost, and where insurers focus their attack.
What "Constructive Knowledge" Really Means
Constructive knowledge means the property owner should have known about the dangerous condition, even if no one told them directly. Under Fl. Stat. § 768.0755, you can establish constructive knowledge in two ways: by showing the hazard existed long enough that a reasonable inspection would have discovered it, or by showing the type of hazard occurred so regularly on the property that the owner should have anticipated it.
Think of a grocery store with a refrigerator that leaks condensation daily. If that store never inspects the floor near that unit, they can't claim ignorance when someone slips there. That's constructive knowledge, and it's a powerful tool in the right hands.
Florida's Modified Comparative Fault Rule
Florida's 2023 tort reform amended Fl. Stat. § 768.81 to adopt a modified comparative negligence standard. If you are found to be more than 50% at fault for your own fall, you cannot recover any damages at all. If you're 50% or less at fault, your recovery is reduced by your percentage of fault.
This change gave insurance companies a powerful new weapon. They now have a direct financial incentive to argue that you were distracted, wearing improper footwear, or ignoring obvious hazards. Understanding that dynamic, and countering it before it takes hold, requires an attorney who knows how that argument is built from the inside.
How Insurance Companies Attack Slip and Fall Claims
This is where our background matters most. Feingold, Posner & Draizin Accident Lawyers attorneys previously worked as insurance defense lawyers. One served as in-house counsel for a national auto insurance company. Another was a shareholder at one of Florida's most prominent statewide insurance defense firms. We previously represented insurers in these types of claims and understand the defense strategies commonly used against injured plaintiffs.
Here are the specific tactics insurers use to deny or minimize slip and fall claims:
- "Open and obvious" defense: Arguing the hazard was so visible that a reasonable person would have avoided it, eliminating the owner's liability
- Victim distraction arguments: Claiming you were looking at your phone, carrying too many items, or not paying attention to where you were walking
- Timeline disputes: Arguing the spill or hazard had only just occurred and the owner had no reasonable opportunity to discover or fix it
- Selective use of surveillance footage: Pulling only the footage that supports their narrative while downplaying or omitting footage that helps you
- Early recorded statements: Contacting you quickly after the accident to lock you into statements that can later be used against you
- Fast, lowball settlement offers: Presenting a quick check before the full extent of your injuries is known, hoping you'll accept before you understand what your case is worth
We know these tactics because we previously handled these cases from the insurance defense side. Now we use that knowledge to stop them from working against you.
When we take your case, we gather and preserve evidence with the insurer's defense strategy already in mind. We don't react to their playbook. We anticipate it.
Steps to Take After a Slip and Fall Accident in Fort Lauderdale
We understand that in the moments after a fall, you may be in pain, embarrassed, and unsure what to do. That's completely normal. Here's what matters most in the hours and days that follow.
- Seek medical attention immediately. Even if you feel okay, get evaluated. Concussions, spinal injuries, and soft tissue damage often don't show full symptoms right away. A medical record created the same day protects both your health and your claim.
- Report the incident to the property owner or manager. Ask for a written incident report and keep a copy if they provide one. If they refuse, document that refusal.
- Photograph everything at the scene. Capture the hazard itself, your injuries, your footwear, and the surrounding area. Wide shots and close-ups both matter.
- Collect witness information. Get names and phone numbers from anyone who saw the fall or who can speak to how long the hazard had been present.
- Preserve your clothing and shoes. What you were wearing can be relevant evidence. Don't wash or discard anything.
- Do not give a recorded statement to any insurance company. Not before speaking with an attorney. Adjusters are trained to use your own words against you.
- Contact Feingold, Posner & Draizin Accident Lawyers as soon as possible. The sooner we're involved, the more evidence we can preserve on your behalf.
Florida's statute of limitations for personal injury claims, under Fl. Stat. § 95.11 as amended in 2023, gives you two years from the date of the accident to file a lawsuit. Miss that window and your right to recover is gone permanently.
Evidence disappears fast. Surveillance footage is often overwritten within 24 to 72 hours. Witnesses become harder to locate. Hazardous conditions get repaired without documentation. Early attorney involvement can significantly improve the ability to preserve evidence and protect your claim.
Injuries and Compensation in Fort Lauderdale Slip and Fall Cases
Slip and fall accidents can cause injuries ranging from painful but temporary to permanently life-altering. Common injuries we see in these cases include:
- Hip, wrist, ankle, and arm fractures
- Traumatic brain injuries from striking the head on a hard surface
- Herniated discs and spinal cord injuries
- Knee and shoulder injuries from twisting or bracing during the fall
- Soft tissue injuries including sprains, torn ligaments, and muscle strains
- Lacerations and contusions
Hip fractures deserve special mention. For older adults, a hip fracture isn't just painful, it can trigger a cascade of medical complications with serious long-term consequences. These injuries often require surgery, extended rehabilitation, and significant lifestyle adjustments.
What You Can Recover
Florida law allows slip and fall victims to pursue two primary categories of compensation:
- Economic damages: Past and future medical bills, lost wages, and reduced earning capacity if your injuries affect your ability to work long-term
- Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life for the ways your injury has changed your daily experience
In cases where a property owner's conduct was especially reckless or egregious, punitive damages may also be available under Florida law, though these are less common and require a higher evidentiary threshold.
We work to identify and pursue every category of damages supported by the evidence.
Why Hire Feingold, Posner & Draizin Accident Lawyers for Your Slip and Fall Claim
There's one credential that matters more than any other in a premises liability case: knowing exactly how the other side builds its defense. Our attorneys don't just understand insurance company tactics in theory. They spent years executing those tactics professionally before choosing to fight for injured clients instead.
That insider knowledge shapes everything, how we gather evidence, how we frame your claim, and how we negotiate when the insurer pushes back. It's experience that gives our firm a distinctive perspective in premises liability litigation.
Our founding partners have been admitted to the Florida Bar since 2004, bringing over two decades of combined experience to every case. One of our attorneys holds an AV Preeminent Peer Review Rating from Martindale-Hubbell and was named a Florida Super Lawyers Rising Star for five consecutive years. That same attorney authored the No-Fault Insurance Law chapter in the Florida Bar's Florida Automobile Insurance Law Practice Manual, Twelfth Edition (2022).
When you work with us, you work with attorneys, not paralegals or case managers. Your case gets the same attention we'd give a member of our own family, from the first call to the final resolution.
We serve clients throughout Fort Lauderdale and all of Broward County, as well as Miami-Dade, Palm Beach, and surrounding South Florida counties. And because we work on a contingency fee basis, you pay nothing unless we recover for you. There is no financial risk in calling us.
Our firm has recovered millions of dollars for injured clients across Florida and continues to represent people harmed by negligent property conditions throughout South Florida.
Contact a Fort Lauderdale Slip and Fall Accident Lawyer for a Free Consultation
A slip and fall injury is painful, disorienting, and financially stressful. Medical bills start arriving before you've even figured out what happened. If you're missing work, the pressure compounds quickly. You don't have to figure this out alone.
Feingold, Posner & Draizin Accident Lawyers offers free, no-obligation consultations for slip and fall victims throughout Fort Lauderdale and Broward County. There's no cost to speak with us, and no fee unless we win your case.
Remember: Florida's two-year statute of limitations means the clock is already running. Surveillance footage covering your accident may be overwritten within days. The sooner you contact us, the more we can do to protect your claim.
Call us at 954-953-5861, or reach out through our online contact form. If you're looking for a slip, trip, and fall injury attorney in Fort Lauderdale, FL, our team is ready to step in immediately.
CONTACT us today. We're ready to fight for you.
