Slip and Fall
According to the CDC, more than 800,000 people are hospitalized every year for injuries from a fall. Typical injuries from these falls are broken bones and head injuries. Todd Passman has handled cases involving falls where the personal injuries were 1. Fractured hip, 2. Broken leg, 3. Ankle sprains and strains, and 4. Neck and back pain. But injuries occurring in a slip and fall could be even worse, and in a bad fall a head injury or even death is possible.
When you are injured in a slip and fall (or trip and fall) while you are a customer in a grocery store, restaurant, or other place of business, the business may be responsible compensate you for your injuries. The business owner has a “duty of care” to keep the business premises safe. This makes sense, because the business man invited you to come to his business to spend your hard earned money and so Florida law says he must exercise “reasonable care” to safely maintain his premises while you do your shopping or conduct your business. But how will you know if your case is one where a claim for personal injuries from your slip and fall may succeed?
This is where an experienced slip and fall attorney is crucial. And if you were in a slip and fall you should call us now! We know how much you may be hurting from even a “minor” fall. You might be embarrassed and feel like your injury was your fault. Don’t blame yourself! If a store let their floor remain greasy or wet, it is not your fault. If the entrance to a business is poorly lit so you are unable to see that crack in the sidewalk, don’t let someone say you should have been keeping a better look-out! Call an attorney and learn your rights!
The conditions that caused your slip and fall may be static or transient. Static conditions may not be inherently dangerous (cracks in sidewalks, depressed areas in pavement, manholes, curbs, drainage culverts) but when combined with other issues like poor nighttime lighting they can become very hazardous. The most common type of slip and fall case though are not static conditions, but “transient” such as when a person slips and falls on some sort of foreign substance, such as a banana peel, oil, water, etc.
Florida has a special slip and fall law about transient substances which says: “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.”
Because of this law, it is extremely important that you consult with a slip and fall attorney if you have been injured in a store, restaurant, or other business. It is not necessarily easy to prove “constructive knowledge.” An experienced slip and fall attorney will know how to seek preservation of key evidence (video surveillance, sweep logs, etc.) and help you put your best case forward. Do not delay and allow key evidence to be lost! Call an attorney right away! Certainly, if you have slipped and fallen, and if your injuries don’t prevent you, you would be very wise to take some photos of the defect that caused your fall right after it happens. Preserving evidence and documenting cause are extremely important in slip and fall cases. You may wish also to take some photos of or preserve your shoes you were wearing at the time of the accident.
Slip and fall / Trip and fall cases can be very complex. Proving that the injury resulted as the result of dangerous condition requires investigation and detailed analysis. Anyone suffering an injury from a fall in a store or other business establishment accident should contact an experienced injury attorney to protect their rights.
Injury attorney Todd C. Passman, P.A. handles slip and fall as well as trip and fall cases serving Port St. Lucie, Fort Pierce, Vero Beach, Stuart, and Okeechobee, Florida, and surrounding areas.
Tell us about your problem. We can help.
If you, a family member or a friend have suffered a personal injury in a slip and fall or other accident, or have questions you should contact injury attorney Todd C. Passman today, at (772) 465-9806.