Slip and Fall Lawyer Fort Lauderdale, FL
If you’ve been injured in a fall on someone else’s property in Fort Lauderdale, the last thing you want to hear is that the property owner doesn’t think it’s their problem. But that’s exactly what happens in most of these cases. The business or landlord denies knowledge of the hazard. The insurance company questions whether the fall was really that bad. And meanwhile, you’re stuck with medical bills, missed work, and pain that didn’t exist before you walked through their door.
Slip and fall cases are harder to win than most people think. Florida law requires you to prove that the property owner knew or should have known about the dangerous condition. That burden is on you. At Loshak Law PLLC, our Fort Lauderdale, FL slip and fall lawyer has more than 13 years of experience handling premises liability claims throughout Broward County. We’ve recovered millions of dollars for injured clients, including a $500,000 slip and fall settlement and a $1,000,000 premises liability settlement.
Why Choose Loshak Law PLLC for Slip and Fall Cases in Fort Lauderdale, FL?
Attorneys Who Understand How Property Owners Fight These Claims
Property owners and their insurers have a playbook for slip and fall cases. They argue they didn’t know about the hazard. They claim the condition was “open and obvious.” They blame the injured person for not watching where they were going. Beating those defenses requires evidence, timing, and a firm that knows how to push back.
Brandon F. Loshak, the firm’s founder, brings a financial and analytical approach to premises liability claims. He earned a B.S. in Finance from the University of Colorado at Boulder and his J.D. from St. Thomas University School of Law. He has received an AV Preeminent rating from Martindale-Hubbell, which represents the highest level of peer recognition for legal ability and ethical standards. Before launching Loshak Law, he practiced at one of the nation’s largest firms.
Aron Gibson, Of Counsel to the firm, has tried more than 60 jury trials. He is a former prosecutor, a past President of the Broward County Hispanic Bar Association, and was named to the National Trial Lawyers Top 40 Under 40. He earned his B.A. from the University of Miami and his J.D. from St. Thomas University School of Law. When a slip and fall case needs to go to trial, his courtroom record matters. Both are members of the American Bar Association.
Results That Reflect Aggressive Representation
The firm has recovered millions for injured clients, including a $1,000,000 premises liability settlement and a $500,000 slip and fall settlement. Those numbers did not come from accepting the first offer. They came from building strong cases, documenting hazards and injuries thoroughly, and refusing to settle for less than the claim was worth.
You Pay Nothing Unless We Win
Slip and fall cases are handled on a contingency fee basis. There’s no retainer. No consultation fee. No hourly billing. We advance the costs of investigation, and you owe nothing unless we recover compensation for you.
What Our Clients Have to Say
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“Brandon is an excellent attorney who treats his clients with care and compassion. He’s a stand up guy who is always looking out for the best interest of his clients. I would highly recommend Brandon and his team.” – Brian Gottlieb
Read more reviews on our Google Business Profile.
Types of Slip and Fall Cases We Handle in Fort Lauderdale
Falls happen everywhere in Fort Lauderdale. Inside grocery stores, hotel lobbies, parking garages, apartment complexes, restaurants, and retail shops. Each case turns on different facts, but the central question is always the same: did the property owner know about the hazard and fail to fix it? We handle all types of slip and fall and premises liability claims.
- Wet floor accidents. Spilled liquids, freshly mopped surfaces without warning signs, and leaking refrigeration units in grocery stores and restaurants cause some of the most common falls. Florida law requires the injured person to prove the business knew about the hazard or that it existed long enough that they should have discovered it.
- Uneven surfaces and broken walkways. Cracked sidewalks, raised pavement edges, broken tiles, and potholes in parking lots create tripping hazards that property owners are responsible for maintaining. These cases are especially common in older commercial areas of Fort Lauderdale.
- Inadequate lighting. Stairwells, hallways, parking garages, and outdoor walkways that aren’t properly lit create conditions where a person cannot see a hazard until it’s too late. When a property owner fails to maintain adequate lighting and a visitor falls, the owner may be liable.
- Stairway and escalator falls. Missing handrails, loose steps, worn treads, and broken escalators in shopping centers and office buildings cause serious falls that frequently result in broken bones, head trauma, and back injuries.
- Slip and fall on another’s property. Residential properties, rental units, and private homes with hazardous conditions can also give rise to premises liability claims. Landlords have a duty to maintain safe common areas, repair known defects, and warn tenants and visitors about dangers they cannot immediately fix.
- Swimming pool accidents. Fort Lauderdale’s climate means pools are everywhere, from residential complexes to hotels to public facilities. Slippery pool decks, broken fencing, missing drain covers, and inadequate depth markers are all potential sources of liability.
- Theme park and attraction injuries. South Florida draws millions of visitors each year to attractions, resorts, and entertainment venues. When a fall occurs on those premises due to negligent maintenance, the property operator can be held accountable.
- Construction site hazards. Debris, exposed wiring, open trenches, and missing barricades on active construction sites can cause falls that produce catastrophic injuries. These cases may involve multiple liable parties, including the general contractor, subcontractors, and the property owner.
Florida Legal Requirements for Slip and Fall Claims
Florida’s premises liability laws put a real burden on the injured person, and understanding those laws early in the case makes a significant difference.
Under Florida Statute § 768.0755, if you slip and fall on a transitory foreign substance in a business, you must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken steps to fix it. Constructive knowledge can be shown by evidence that the hazard existed long enough that the business should have found it during reasonable inspections, or that the condition occurred with enough regularity that it was foreseeable. This is a higher standard than many people expect, and it’s why preserving evidence immediately after a fall is so important.
The statute of limitations under Florida Statute § 95.11 gives you two years from the date of the fall to file a negligence-based lawsuit. House Bill 837, signed in March 2023, cut that deadline in half from four years. Two years may feel like enough time, but gathering surveillance footage, maintenance logs, incident reports, and witness statements needs to happen quickly. Businesses often overwrite security camera footage within days or weeks.
Florida’s modified comparative negligence rule under § 768.81 means that if you’re found more than 50% at fault for your fall, you recover nothing. Insurance adjusters frequently argue that the injured person was distracted, wearing inappropriate footwear, or should have seen the hazard. Our job is to build a case that puts the focus where it belongs: on the property owner who failed to maintain a safe environment.
What Damages Are Recoverable in Fort Lauderdale Slip and Fall Cases?
Falls may look minor from the outside. They are often anything but. According to the CDC, falls are the leading cause of injury among older adults, generating approximately 3 million emergency department visits each year nationally. And fall injuries affect people of all ages. A 30-year-old who slips on a wet floor in a Fort Lauderdale grocery store and tears a ligament in their knee faces surgery, months of physical therapy, and potentially permanent limitations.
Economic damages include every documented cost. Emergency room treatment, orthopedic surgery, imaging, prescription medication, physical therapy, chiropractic visits, and follow-up appointments. Lost wages from time you missed at work. Reduced earning capacity if the injury changes what you’re able to do. Transportation costs. Home health aides if you need assistance during recovery. These are calculated with records and, in serious cases, with the help of medical and financial professionals.
Non-economic damages cover the human toll. Pain and suffering, mental anguish, loss of enjoyment of activities, embarrassment, scarring, and the frustration of dealing with a painful recovery caused by someone else’s negligence. A person who can no longer walk without discomfort, who avoids public places out of anxiety, or who lost months of their life to rehabilitation has suffered real harm.
Punitive damages are rare in slip and fall cases, but they exist. Under Florida Statute § 768.72, if the property owner’s conduct amounted to intentional misconduct or gross negligence, punitive damages may apply. A landlord who repeatedly ignores warnings about a collapsed staircase, for instance, could face punitive liability. These damages are meant to punish the behavior, not compensate the victim.
Contact Loshak Law PLLC
Loshak Law PLLC offers free consultations and handles every slip and fall case on contingency. You pay nothing unless we recover compensation for you. Contact us to schedule a case review with a slip and fall attorney in Fort Lauderdale who will give you an honest assessment of your claim and explain what comes next.
