Each year, falls account for over 8 million hospital emergency room visits [1] . In many cases, these falls are the result of dangerous conditions caused by the negligence of another person.
A slip and fall is a type of accident in which a person fell and was injured on another person’s property due to a foreseeable hazard. These types of accidents commonly occur in supermarkets, restaurants, and even your place of work, and can involve a range of circumstances that caused the fall. If you were injured in a slip and fall incident in Pembroke Pines, the lawyers at Schlacter Law may be able to help get you compensation.
Slip and fall accidents are caused by the failure of a person or business to provide a reasonably safe environment for visitors and patrons. When property owners fail to take proper care of their facilities and fail to address potential hazards, slip and fall accidents can occur. Types of improper conditions include:
Wet or slippery walkways and surfaces without proper signage Poorly lit walkways Broken or uneven steps General tripping hazards Weather-related slipping hazards that have not been reasonably attended toMost slip and fall accidents in the Pembroke Pines area occur in a public place such as a store, restaurant or supermarket, where attention to potential hazards are often overlooked by employees. If you fall and are injured due to the negligence of another, here are 4 important things to do immediately after a slip and fall accident:
Report the Accident to the Proper Authority If the incident occurred in a store or place of business, you may need to fill out a slip n fall accident report or notify a manager. Make sure that the store is aware of your accident immediately. If anyone (especially an employee or manager) makes a comment suggesting that they were aware of the condition that caused you to fall before the incident occurred, be sure to make a note and get the name of the person who made the comment. This can be crucial in determining negligence Collect as Much Evidence as Possible After a slip and fall accident, there is often a flurry of commotion and conditions can change quickly. What’s more, some Pembroke Pines store owners may even try to quickly clean up the scene of the accident in an attempt to avoid fault. It is imperative to take photos of the scene immediately after the incident before conditions change. Identify any potential witnesses of the fall, or anyone who can describe the conditions of the store. These witnesses will be key if the defendant disputes your suit. If you cannot establish a firm base of evidence, you may be at the mercy of the property owner’s version of events Get Medical Attention Slip and fall injuries can range from relatively minor cuts and bruises to broken bones, head trauma, or even internal bleeding. Florida’s elderly are most at risk for severe injuries following a slip and fall accident. It is important to receive professional medical attention as soon as possible after a fall. Not only will medical attention ensure your injuries are properly attended to, but can establish an official written report of injuries initially caused by the fall. Some injuries, such as head trauma and its aftereffects, take longer to manifest. Having a professional in Pembroke Pines diagnose initial injuries can allow for easy correlation of latent conditions Hire a Slip and Fall Injury Lawyer Following a slip and fall, it is common to be approached by insurance adjusters or attorneys from the property owner from where the incident occured. These professionals work for the property owner, and their job is to collect information about the accident and to ultimately pay you as little compensation as possible. If you are questioned about the accident, keep in mind that even the smallest detouring of facts or even saying too much could be fatal to the success of a future injury claim. These representatives often take advantage of the fact that victims are incredibly vulnerable following an accident and generally approach with a lowball settlement offer. The best thing to do is to speak with a slip and fall lawyer before speaking to anyone else. The experienced attorneys at Schlacter Law in Pembroke Pines know how to handle insurance adjusters and opposing lawyers, and will give you the best chance to get the money you deserveThe injuries sustained due to a slip and fall incident can vary widely depending on the hazards involved and who specifically fell. Elderly Pembroke Pines residents are at a much greater risk for serious injury after a fall. According to the CDC, millions of people over the age of 65 fall each year, and 1 out of 5 falls result in a serious injury such as a broken bone or head injury [2] .
Among the more common injuries suffered in a slip and fall case are:
Head injuries Hip fractures Shoulder injuries Sprains and fractures Back and spinal cord injuries DeathRegardless of the type of injury, if your slip and fall was caused by the negligence of a property owner, you may be entitled to compensation.
The injuries associated with a slip and fall can range from mild to severe, with possible life-long implications. This means that the costs related to your injuries could also rack up long after a settlement is decided. According to Florida Health, the median admission charge for non-fatal fall-related injury hospitalizations in 2014 was a staggering $52,191 [3] . When estimating compensation for a particular case, an experienced Pembroke Pines slip and fall accident attorney will look at both the economic and noneconomic damages associated with a case.
Economic Damages may include:
Medical bills including doctors visits, specialized equipment, cost of rehabilitation, and other therapies Cost of future surgeries or associated medical procedures Lost wages and impact on future earning potential. According to the US Bureau of Labor Statistics, 22% of slip and fall incidents resulted in more than 31 days away from work, are are responsible for 85% of workers compensation claims [1]Noneconomic Damages are associated with the pain and suffering endured because of your injuries and the aftereffect on your life.
While many Pembroke Pines slip and fall injury cases go to trial, more are settled during direct negotiations with a property owner’s insurance company and/or their attorney. This means that hiring an experienced slip & fall attorney could make all the difference. The slip n fall team at Schlacter Law takes a no-nonsense, hardlined approach to negotiations. We understand that the amount of compensation recovered for your injuries could mean the difference between a successful recovery and painful, lasting hardships. We work hard to get you the award you deserve for your injuries.
When someone else’s negligence results in a death, a surviving loved one may be able to file a wrongful death lawsuit. Wrongful death cases are covered under Florida Statute 768.21 and allow for the collection of damages for the decedent’s parent, spouse, or child. Compensable areas include loss of the decedent’s financial support, companionship, protection, and for the mental pain and suffering of the survivors [4].
When a wrongful death suit is made after a slip and fall, representatives for the victim must prove the statute of premise liability–that the property owner had an obligation to maintain a safe premises and that the failure to fulfill that duty caused the fatal fall. Consulting a Pembroke Pines slip and fall lawyer is essential in determining if a wrongful death lawsuit is possible after a fatal slip and fall.
In Florida, slip and fall accidents often fall under the umbrella category of negligence–the failure of a particular entity to take proper care and, as a result, that failure causes injury or damage to another person. Pembroke Pines slip and fall lawyers employ the concept of negligence to prove fault in a case–that the carelessness of one person or business caused the injury of another.
There are four basic elements to demonstrate negligence in a slip and fall case, and the plaintiff (the person injured) must prove each element to show that the defendant (the person allegedly at fault) acted carelessly and should be held liable.
Duty–that the defendant owed a duty of responsible care to the plaintiff. For example, the owner of a restaurant is expected to create a reasonably safe, obstruction-free environment for patrons.
Breach of Duty–the defendants’ failure to act in a reasonably prudent manner breached his or her duty. The law defines “reasonably prudent” as how the average person would responsibly act in a certain situation. For example, a reasonably prudent homeowner shovels the sidewalk after a snowfall to provide a safe walkway for themselves and others. It is important to show that the defendant knew or should have reasonably known that such an environment would likely result in injury if not addressed.
Florida law 768.0755 also requires a plaintiff to establish that a business establishment had actual or constructive knowledge of the dangerous condition that caused the fall and should have taken action to remedy it. Constructive knowledge may be proven circumstantially by showing that:
The dangerous condition existed for a length of time that, under ordinary care, the business establishment should have been aware of the condition The condition occurred with regularity and was therefore foreseeable [5]Causation–the defendants’ failure to carry out his or her duty caused direct harm to the plaintiff. While most slip and fall injuries in Pembroke Pines are indeed unplanned accidents, the plaintiff must prove that the defendant could reasonably have foreseen that certain conditions (such as a slippery floor) could result in injury. Injuries caused by random, unexpected acts of nature, for example, are likely to be deemed unforeseeable and the defendant will not be found liable.
Damages–the plaintiff suffered injury or some other type of loss that is compensable by the defendant. If a slip and fall results in no harm or damages to the victim, they are unlikely to receive compensation.
References
https://nfsi.org/nfsi-research/quick-facts/ ↩https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html ↩http://www.floridahealth.gov/statistics-and-data/florida-injury-surveillance-system/_documents/data-fact-sheets/falls_in_florida_8.5×11.pdf ↩http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html ↩http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0755.html ↩http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html ↩
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