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Slip, Trip and Fall Injurys
Slip and fall injuries are the reason for higher than a million ER visits yearly. Slip and fall incidents need to be taken seriously, specifically if the injured person is a minor or a senior. These types of accidents can create severe harm and can even be the cause of death.
While slip and fall incidents may happen for a lot of different reasons, it is also the case that they are frequently avoidable. Many slip and fall incidents in Fl are a consequence of a proprietor’s lack of warning of a dangerous situation, or taking appropriate steps to assure the property is secure. Guests have a realistic expectancy of security; if a property owner or someone who lives in that dwelling do not meet that expectation, they can be responsible for any accidents.
For example, if someone is shopping in a store and they slip and fall on a substance, assuming that there were no caution signs in the area, that store is responsible for accidents that result from the fall.
Anyone who was injured as a result of a slip and fall is advised to find legal counsel straightaway. Florida slip and fall law is complicated and people frequently have to go up against huge businesses with enormous resources.
An experienced slip and fall accident attorney at Winig Law can help.
The party responsible for any accidents during a visit to an business office, store, or other corporation is generally decided by the details of liability in their lease.
Even though insurance should take care of the claim, it is necessary to have a qualified attorney to receieve the resolution you deserve. Determining if the offender was neglectful and was the reason for your slip and fall is vital to your case.
Laws determining culpability for accidents that happened on private property are generally forthright, but this depends on the sort of property that accident took place on.
- Apartments: If the accident happened in an apartment rental, the person liable for keeping up the space is responsible. The following is how that responsibilty is generally divied up:
The owner is liable for the outside of the apartment, such as hallways and lobbies, and for the structural objects inside, such as floors, appliances and walls.
The renter is liable for the objects inside of the rental.
The exclusion to this is when the renter is aware of a hazardous aspect in the, but doesn’t report it to the landlord. In this situation, the renter, as well as the landlord, could be liable for an accident that resulted from the hazardous condition.
If you are hurt in an incident that was the result of a hazard inside of a private home, the home owner is accountable. If the home is being rented, the renter may be held responsible as well.
THE BOTTOM LINE:
File a claim against the property owner and the renter. It is the duty of the insurance provider to find out which party is liable for the incident.
Stephen Winig also represents those hurt in slip and fall incidents on private property. A lot of slip and fall incidents can be avoided, but neglectful upkeep or not properly inspecting the property can lead to a severe injury. These Incidents can occur anywhere; like stores, apartments, pools and parks.
WHAT IS A SLIP-AND-FALL ACCIDENT?
The phrase slip-and-fall is utilized for covering many different types of incidents. Usually, an accident is considered a slip and fall when a person falls and is hurt on someone else’s property.
There are many kinds of slip and fall incidents, such as:
- Trip-and-fall, when someone falls over something or because of a rough surface
- Step-and-fall, when a fall is the result of an uneven or rutted spot
- Slip-and-fall, when a liquid or object results in a fall
HOW DOES A SLIP AND FALL HAPPEN?
It is easy to slip and fall just by falling over your own feet. But, a lot of falls, specifically falls that result in severe injury, generally happen because of unsafe circumstances. Some of the common reasons for slip and fall accidents are:
- wet floors or parking areas
- jagged flooring
- uneven walkways
- elevation change, like a step down
- narrow stairs
- jagged sidewalks or driveways
- cords placed over a path
- alteration in surface
- damaged sidewalks
- a drop down without proper warning signage
- Unfastened carpet
- objects on a path
- crowded walkways
- bad lighting
- damaged stair rails
SLIP, TRIP AND FALL ACCIDENTS SUFFER A WIDE ARRAY OF INJURIES
If a slip and fall occurred while you were at your place of business, or as a result of the property neglect of an owner, you do have legal options. Winig Law can assist you pursuing a claim and help you to comprehend your choices. We urge you to contact our office to find out more about the options available to you.
Victims of slip and fall incidents can incur many different types of injuries. Some of them are:
- Spinal injury,
- Damaged ligaments,
- Brain injury,
There are other consequences in addition to physical harm. A slip and fall incident may cause you to miss work, added stress, and lessen your life quality.
WHAT MUST BE PROVEN IN A SLIP & FALL CASE?
To receive compensation for a slip and fall injury, a Florida slip and fall lawyer needs to be capable of demonstrating that you were harmed because of the negligence of a property owner. Frequently property owners contest a slip and fall case and say that the person who was involved was not acting cautiously enough and so the property owner is not responsible.
In a slip and fall case, the injured party must demonstrate 3 things :
- The duty that the property owner owed to the victim. Businesses that allow people in to to their store have the most responsibility to their customers, and are required to inspect the property and caution the public of any hazardous surroundings, and repair dangers that they are aware of.
- The property or store owner didn't practice property upkeep. The court resolves what is sensible in every case.
- As a result of not practicing proper building upkeep, someone was hurt.
Trip and fall incidents generally happen as a consequence of neglectful construction, not warning about a hazardous condition, or not being up to Florida Building Codes.
A slip and fall case in Florida needs to be filed in 4 years after the incident happened. Following that time frame, the statute of limitations would have run out, and your case will not be valid.
WHO IS RESPONSIBLE FOR MY INJURY?
People are hurt because of these incidents daily, however, not all incidents are a result of someone else’s negligence. Following Florida premises liability laws, a property or business owner is required to maintain their property in secure order for anyone who enters it. If it is known that the property is unsafe, the issue must be rectified as soon as possible.
If the issue isn't rectified, and someone is injured because of that issue, the owner can be liable for the incident. This is known as negligence, and the hurt party has a right to sue.
It is hard to know accurately who is responsible for an incident. A single business may be owned and operated by one person, and a mall would have many different businesses in the same building.
It is vital that each business is incorporated in the case. In Florida, each offender is obligated to pay compensation for their portion of the of the damage. Some of a Florida slip and fall lawyer’s responsibility is to be sure that every defendant is included in case.
Slip and fall cases may utilize a tool named “comparative negligence”. The court likens the injured party to the property or business owner and resolves who is the most responsible. Anyone who is thoughtless enough to be injured could not win a case if there were no hazards on the premises.
WHAT ARE MY RIGHTS IN A SLIP & FALL CASE?
Assuming that you are the victim and you have success in your case, the court will agree on how to repay you for your damages. These damages may include:
- Hospital costs
- Lost salary
WHAT TO DO AFTER A SLIP AND FALL
- Document the Scene - Provided you are not too injured to do so, use your phone to take pictures of accident scene from multiple angles, the surrounding area, the street, and the nearest cross street. Documenting the scene can serve as valuable evidence if you choose to pursue a personal injury lawsuit.
- Seek Medical Attention - Call for emergency medical response to take you to the hospital. Even if you do not feel badly injured, it is best to seek medical attention anyway. A physician will be able to fully evaluate your condition and provide the necessary treatment. There could be damage that you’re not aware of.
- Document Your Treatment - It can also serve as valuable evidence should you choose to pursue litigation. Showing that you received medical treatment, and what type, right after your slip and fall can show a correlation between the fall and your injuries.
- Research Your Options - Look into your legal options sooner rather than later to see if you have a case. Litigation is a recourse for people who were injured through no fault of their own. If you didn’t cause your accident, you shouldn’t have to foot the bill for your medical expenses, time off work, and otherwise. Evidence can become more difficult to track down with each passing minute, so start this process as soon as you can.
- Hire an Attorney - Most personal injury law firms, like Winig Law, offer free initial consultations. In these consultations, usually over-the-phone, the attorney will inform you whether they believe you have a case. Choose a qualified, experienced attorney to represent you in your slip & fall lawsuit.
- Be Available to Your Attorney - Although your attorney is there to alleviate the burden of litigation from you, this new relationship is a two-way street. Just as your attorney should be there for you, you need to be there for them to provide them with information regarding the accident, your injuries, and any other information they believe is pertinent to your case.
- Avoid Compromising Activity - Once you open a slip and fall case, you might come under scrutiny. Opposing counsel may attempt to claim that you had preexisting conditions or that your injury is not as severe as you claim. Speak with your attorney regarding any actions (or inaction) that could compromise your case, and avoid those things.
GETTING HELP FROM A SLIP AND FALL ACCIDENT LAWYER
If you or a loved one was hurt by a slip and fall accident, you can recover the compensation you deserve through negotiating a settlement or through filing a lawsuit and proving a fall claim in court. When pursuing either option, it pays to be represented by a slip and fall accident lawyer so you can have the best chance of maximizing the compensation available in your situation.
The compensation you can obtain after a fall can make all the difference in helping to achieve financial security, get the medical care you need, and move on with your life. Our team of legal professionals is here to help you.
With decades of collective experience, we have the know-how to help you maximize your fall injury compensation. To ensure your peace-of-mind as we take care of legal issues for you, we also promise that you will pay no legal fees unless we recover compensation on your behalf. To find out more about how we can help fall victims to fight for fair compensation for all losses, give us a call or, contact us online today.
Following your accident, we will work with you to make sure you receive the necessary medical treatment. We will immediately investigate the facts of your accident and work with slip and fall experts in order to further prove that the landowner was at fault. There are no upfront fees or cost to hire us and we never charge any fees or cost unless we make a recovery for you.
Your case may settle outside of court or may be resolved in a court of law by a judge or jury. You could also potentially take action not just against those who own the property, but also against tenants or renters who were in control of the space and who allowed unsafe conditions that led to a slip and fall. Our team can help you examine all your options and work to help you receive the full compensation to which you are entitled.
If you or a loved one has been hurt, contact a West Palm Beach slip-and-fall accident lawyer at Winig Law today. We are prepared to use our decades of legal experience to help you file a claim and recover full and fair compensation for all losses, damages, and injuries resulting from your slip and fall.
Personal Injury Attorney Stephen L. Winig, Esq. is a member of the Palm Beach County Bar Association, and is licensed to practice before all
Florida State Courts, as well as the United States District Courts for Southern and Middle Florida.
Winig Law routinely handles cases throughout Palm Beach County including West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Wellington,
Jupiter, Palm Beach Gardens, Greenacres, Lake Worth, Royal Palm Beach and surrounding areas.
We would be glad to have feedback from you. Drop us a line, whether it is a comment, a question or just a hello. You can use either the form below or the contact details on the right.
The Winig Law Firm, P.A.
1615 Forum Pl, Suite 3A