Slip And Fall
“Slip and Fall” is the common term for an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else’s property.
The scary thing about a slip and fall accident is that it can occur anywhere, no matter how careful you are. Something as innocuous as an uneven sidewalk or slippery grocery store aisle can lead to a catastrophic injury, including broken bones, back and spinal cord injuries, head trauma, or worse.
A slip and fall injury can occur because of hazards such as:
- Adverse weather conditions (examples include ice, snow, or rain)
- Uneven sidewalks
- Poorly lit or unmarked pathways or stairs
- Slippery tile or other flooring
- Uneven flooring
- Ripped carpeting
- Objects blocking a floor or walkway
- Food, clothing, or other obstacles left on the floor
- Water or other wet substances
In 2010 the following law went into effect, making it much more difficult for the injured person to pursue a claim:
768.0755 Premises liability for transitory foreign substances in a business establishment.—
- If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
- The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
- The condition occurred with regularity and was therefore foreseeable.
- This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
What this law means is that the injured person has to prove that the business establishment that they slipped and fell in did something wrong and prove how they did it. Does that sound fair? I don’t think so, especially when there have been instances in the past with corporations not producing or tampering with the videos of the incident, not filling out or providing a copy of the incident report to the injured party, and cleaning up the substance that caused the slip right away to get rid of the substance that caused the fall.
About Slip and Fall Accidents
Slip and fall accidents are a type of premises liability accidents. These accidents are one of several types of cases that personal injury lawyers in Florida handle.
A slip and fall accident is the result of someone becoming injured after slipping or falling on someone’s property, usually because of a dangerous condition. The property owner may be liable for compensating you for your injury by way of their insurance company.
Whether you can recover financially from the property owner will depend on several factors, including:
- Whether you were allowed to be on the premises
- The nature of the dangerous condition, including knowledge of the condition by the property owner and any applicable warnings
- Whether you contributed to the situation
- The severity of your injuries
- The potential additional liability of a third party
Palm Beach County Slip and Fall Accident Lawyer
If you or someone you love has been severely injured in a slip, trip or fall accident on someone else’s property or a business establishment, Shannon J. Sagan, is a personal injury lawyer with experience in these types of accidents, and advises the following:
- Get the name and contact information of any and all witnesses, whether they are employees or not
- Immediately take photographs of the scene, the substance of the fall, and any people around you
- Fill out an incident report and try and bring a copy home with you (many stores do not allow a copy to be taken off premises)
- Note any video cameras in the area and ask the manager or owner to make sure they save them
- Get checked out by your own doctor
- Do not speak with the insurance company of the premises
- Speak with an attorney as soon as you can
Our law firm has represented clients in slip and fall cases against:
- Convenience stores
- Gas stations
- Department stores
- Apartment complexes
- Rental homes
When to Call a Personal Injury Lawyer about a Slip and Fall Accident in Florida
Slipping on a surface or tripping over an obstacle at someone’s home or business can seem like an innocent injury, but the Florida Department of Health reports that falls are a leading cause of serious injuries among Florida residents, particularly among those who are 65 and older.
Whenever a slip and fall accident results in an injury that warrants medical care, consulting with an attorney can help you determine what, if any, damages you could collect.
Instead of trying to negotiate with the property owner’s insurance company alone (while you’re also trying to recover from an injury), an attorney will negotiate on your behalf. This route is especially helpful if the insurance company has minimized or denied your claim.
Potential Compensation in a Slip and Fall Settlement Offer
Depending on the circumstances, you could potentially receive compensation for:
- Medical bills
- Ongoing medical expenses
- Lost wages
- Lost future earning capacity
- Pain and suffering
- Wrongful death
It may be tempting to allow the insurance company to handle everything for you. Unfortunately, the insurance company is an advocate for the property owner, not you. By having someone who is unwaveringly on your side, you have the best possibility of prevailing because your attorney will seek maximum damages from the relevant parties.
Contact Attorney Shannon J. Sagan for a Free Consultation
At the office of Shannon J. Sagan in Lake Worth, Florida, I will personally evaluate your case to help you determine the best route forward. I understand that this can be a challenging and emotional time, and my team is here to serve you. Contact me at 561.533.7800 for a free, confidential consultation.
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