Through writing The Legal Corner, and advertising in Cooppa Guardian for almost ten years, I am often dealing with a ‘senior population’. Potential clients frequently contact me about ‘slip and fall’ claims. Seniors tend to have more falls, due to many reasons, some are legally actionable, and many are not. Each incident must be carefully investigated.
Just because someone falls and is injured, does not mean that there is a valid claim to pursue.
Changes over the years in Florida law have had an adverse effect on the rights of slip and fall victims, and in favor of business owners, making an experienced attorney essential to securing a fair verdict or settlement in these types of cases.
Were you or a loved one injured in a slip and fall accident? If so, you should seek legal counsel immediately. Waiting or not acting promptly may be disastrous to any potential claim.
In your slip and fall case, your attorney will have to prove that your accident was caused by a ‘dangerous condition’ on the property, and that the owner knew or should have known about the dangerous condition. A dangerous condition must present an unreasonable risk of harm to those on the property, and must be a condition that a ‘reasonable person’ would not have anticipated. Which means that people must take note of and avoid obvious hazards.
To prove that the property owner, or possessor of rented property knew of the dangerous condition your attorney will have to show the following:
- The property owner, or possessor of rented property created or allowed the creation of the dangerous condition.
- The property owner, or possessor of rented property knew of the condition and was negligent in failing to correct it; or
- The condition existed for a long enough period of time that a reasonable property owner, or possessor of rented property should have discovered and corrected it before your accident.
To hold a property owner, or possessor of rented property liable for a slip and fall accident, it must be foreseeable that their negligence created the dangerous condition.
A typical example, someone drops a bottle of cooking oil in a supermarket isle, causing a slippery mess; a shopper goes to the front desk and reports it. The store employee does not immediately call for a prompt clean up, but rather takes care of other patrons waiting in line, sells a few lottery tickets, processes a return or two. As a result, an appreciable amount of time elapses, and a patron slips on the oil and is seriously injured, the store may be liable. Conversely, if there is that spill and within a minute or so the same fall happens, clearly, the store had no notice or opportunity to ‘cure’ the problem, there would probably be no liability on the part of the store. The facts of each and every incident are crucial.
In some cases, your attorney may be able to prove negligence by showing that the property owner, or possessor of rented property violated a relevant statute. For instance, building codes establish where railings and other safety features must be installed. If you fell on a walkway, which did not have appropriate railings, you may have a claim against the property owner based on their violation of relevant building codes.
To help prove the property owner, or possessor of rented property was negligent, your attorney will gather evidence shortly after the slip and fall. The attorney will take photographs of your injury, to show any bruising or cuts. Obtain your medical records and question witnesses to the hazard or incident. If the accident occurred in a public place, such as a supermarket, they may obtain video of the incident as well as a copy of the accident report. It is important to contact an attorney soon after a slip and fall, as witnesses can forget vital details and key pieces of evidence can be lost.
Information about the particular incident is crucial to pursuing a claim. I cannot emphasize this point enough. When I am told by a potential client, that they fell a few weeks ago, that they are not sure how it happened, not sure what caused them to fall, they are not even sure exactly where it happened, I and most attorneys will decline to take such a case.
Slip and fall cases will hinge on whether the property owner acted as a ‘reasonable person’ would have. Filing a successful claim can be difficult if it is apparent that the property owner, or possessor of rented property acted reasonably. However, if they acted in a manner that others in a similar situation would not have, a viable claim may exist. As your attorney, I would seek answers to some of the following questions as I investigate your slip and fall claim:
Did the hazard exist long enough for the property owner, or possessor of rented property to be aware of it?
Is there a standard procedure in place for examining the premises?
Does the property owner, or possessor of rented property have proof that there is a standard procedure for examining the premises?
Was there a legitimate reason for the area being hazardous (such as a slippery floor after being washed)? Could the area have been washed when the store was closed to customers?
Were prominent and obvious warning signs placed in the area?
If there is a reason for the area to be hazardous, was there anyway to make it safer?
If an object caused the fall, was there anywhere else the object could have been stored or placed to make the premises safer?
It should be noted that the victim’s own carelessness, such as not watching where they are going, talking on a cell phone, being distracted in some manner, disobeying a warning sign, will play a part in determining liability for a slip and fall accident.
Perhaps the two most important things you can do if you or a loved one has a fall, is to make mental notes of the specifics of the incident, and call my office sooner rather than later.
My office handles all types of personal injury cases, and I have done so for over 37 years. My office is conveniently located in Pembroke Pines. It is located at 9000 Sheridan Street – Suite 4, Pembroke Pines, Florida. I welcome your calls to my office (954) 441-5077 or my cell phone at any time (954) 801-0352 to assist you if you have had any type of accident, criminal offense, or to discuss with you any legal questions or problems.