If you were injured in a slip and fall at a resort in Florida, one of the first questions you are probably asking is, “What should I do next?”
That is the right question to ask, because what you do in the hours and days after the accident can have a major effect on your case.
A lot of people assume that a slip-and-fall claim should be simple. You fell. You were injured. The resort owns the property. Therefore, the insurance company should pay.
Unfortunately, that is not how these cases usually work.
Slip-and-fall cases are defended aggressively. Resorts and insurance companies often begin by looking for reasons to blame the injured person, question the seriousness of the injuries, or argue that the dangerous condition was not their responsibility.
That is why evidence matters so much.
If you were hurt at a Florida resort, hotel, or vacation property, the most important thing you can do is begin documenting what happened immediately.
Take Pictures of What Caused You to Fall
The first thing I tell people is to photograph the scene.
Take pictures of the exact condition that caused you to slip or trip. That could be water on the floor, a broken walkway, a loose mat, uneven flooring, debris, poor lighting, or some other dangerous condition.
Do not assume the condition will still be there later.
A resort employee may clean up a spill. A damaged area may be repaired. A warning sign may be moved or added after the accident. Within a short period of time, the scene may look completely different.
When that happens, the insurance company may try to argue that the dangerous condition never existed or that it was not as serious as you claim.
Photographs taken at the time of the accident can help prevent that.
If possible, take pictures from several angles. Include wide shots showing the surrounding area and close-up images showing the specific hazard. If your clothing or shoes became wet or damaged, photograph those as well.
The goal is to preserve the scene as it looked when you fell.
Get the Names and Contact Information of Witnesses
Witnesses can be extremely important in a Florida resort slip-and-fall case.
A witness may have seen the accident happen. Someone may have noticed the dangerous condition before you fell. Another guest may have seen employees walk past the hazard without correcting it.
That testimony can help prove what happened and whether the resort knew, or should have known, about the danger.
Get the witness’s full name, phone number, and email address. Do not rely on the resort to collect and preserve that information for you.
Six months or a year later, we may need to contact that person. Without accurate contact information, a valuable witness can disappear.
One credible witness can make a tremendous difference in a disputed case. Without that witness, the claim may become your word against the resort’s.
Report the Accident Immediately
Tell resort management about the fall as soon as possible.
Ask them to create an incident report. Make sure the report identifies where the accident happened and what caused it. Also write down the names and job titles of the employees you spoke with.
Reporting the incident creates a record showing that the accident happened when and where you say it did.
Without a prompt report, the resort or insurance company may later argue that the accident was not reported, that the details are unclear, or that the injury occurred somewhere else.
You should also ask how to obtain a copy of the incident report. The resort may not give it to you immediately, but documenting that you requested it can still be helpful.
Look for Surveillance Cameras
Many Florida resorts have surveillance cameras in common areas.
Cameras may be located near lobbies, hallways, elevators, restaurants, pools, walkways, parking areas, and entrances. That footage may show the dangerous condition, how long it existed, whether employees saw it, and the moment you fell.
Video can be some of the strongest evidence in a slip-and-fall case.
The problem is that surveillance footage may not be saved for long. Some systems automatically record over older footage after only a few days or weeks.
That is why you need to act quickly.
An attorney can send a formal preservation notice directing the resort to retain relevant footage and other evidence. If you wait too long, the video that could have proven your case may be gone.
Why Slip-and-Fall Cases Are So Difficult
Insurance companies often treat slip-and-fall claims with suspicion from the beginning.
They may assume the injured person is exaggerating or trying to obtain a financial windfall. They may look for any reason to deny responsibility or reduce the value of the claim.
The insurance company may argue that:
- You should have seen the dangerous condition
- The hazard was open and obvious
- The resort did not know the condition existed
- The condition had not been there long enough for employees to discover it
- You were distracted or not paying attention
- Your footwear caused the fall
- Your injuries were preexisting
- The fall did not cause the medical problems you are claiming
That is why these cases require more than simply saying, “I fell, and I was hurt.”
We need evidence showing what caused the fall, why the resort may be responsible, and how the accident affected your health.
Get Medical Treatment for Your Injuries
If you are in pain after the fall, seek medical treatment.
Some people try to continue their vacation. They may hope the pain will go away or decide to wait until they return home before seeing a doctor.
I understand why. People spend a lot of money on Florida vacations, and they do not want an accident to ruin the entire trip.
But delaying treatment can create problems.
The insurance company may argue that if you were seriously injured, you would have gone to a doctor right away. It may also claim that something else caused your pain during the delay.
Prompt medical treatment creates a record connecting the accident to your injuries.
Be honest with your doctors about your symptoms. Follow their recommendations. If you return home and still need care, continue treating with the appropriate medical providers.
Medical records are part of the evidence we use to prove the claim.
Preserve Your Shoes and Clothing
Do not throw away the shoes or clothing you were wearing when you fell.
The insurance company may try to blame your footwear. Your shoes may also contain moisture, debris, or damage connected to the condition that caused the fall.
Place the items somewhere safe and do not clean or alter them before speaking with an attorney.
The same applies to any personal property damaged during the fall, including a phone, glasses, watch, or bag. Photograph the damage and preserve the item.
Be Careful When Speaking With the Insurance Company
After the accident, an insurance adjuster may call you.
The adjuster may sound polite and concerned. You may be asked to explain what happened, provide a recorded statement, sign medical authorizations, or discuss your injuries.
Remember who the adjuster works for.
The insurance company is looking for information it can use to defend the claim. A statement that seems harmless may later be taken out of context and used against you.
For example, if you say you are “fine” because you are trying to be polite, the company may later argue that you were not seriously injured.
Before giving a detailed recorded statement or signing documents, speak with an attorney who understands Florida slip-and-fall cases.
Why Waiting Makes the Case Harder
The longer you wait, the harder it may become to collect the evidence needed to support your claim.
The dangerous condition may be cleaned up. Surveillance footage may be erased. Witnesses may leave the resort. Employees may forget what happened. Maintenance records may become more difficult to obtain.
The resort and its insurance company may already be investigating the accident and building a defense.
You should have someone working to protect your side of the case as soon as possible.
Early legal involvement allows us to identify evidence, send preservation notices, contact witnesses, and begin investigating before important information disappears.
How I Help After a Florida Resort Slip and Fall
When someone contacts me after a resort accident, I want to know exactly what happened.
What caused the fall? Were there witnesses? Are there photographs? Was an incident report created? Were there cameras nearby? What injuries did you suffer? Where did you receive treatment?
From there, my job is to begin putting the evidence together.
That may include:
- Preserving surveillance footage
- Obtaining incident and maintenance records
- Interviewing witnesses
- Reviewing photographs and video
- Investigating how long the dangerous condition existed
- Collecting medical documentation
- Dealing with the resort’s insurance company
- Pursuing compensation for your injuries and losses
Slip-and-fall cases are not easy, but strong evidence can make all the difference.
Talk to Jeremiah Jaspon After a Florida Resort Slip and Fall
If you were injured in a slip and fall at a Florida resort, do not assume the resort will preserve the evidence or treat your claim fairly.
Take photographs. Get witness information. Report the accident. Seek medical care. Then speak with an attorney before the evidence disappears.
Contact me, Jeremiah Jaspon at The Jaspon Firm today for a free case evaluation at (407) 513-9515.
I will personally speak with you about what happened, explain what evidence may be available, and help you understand the next steps in your Florida resort injury claim.