Slip and Fall Lawyer Serving Fort Lauderdale
Fort Lauderdale, Florida is renowned as an exceptionally popular tourist destination with an average yearly temperature of 75.5 °F (24.2 °C) and 3,000 hours of sunshine. This promotes the popularity of its outdoor activities that revolve around its beaches and includes swimming and water sports. Las Olas Boulevard can be seen teeming with tourists who are in search of shopping and great restaurants and those who enjoy movies can treat themselves to the Fort Lauderdale Swap Shop, where you can find the world’s largest 13-screen drive-in theater along with various shopping exhibits. Unfortunately, there are also a number of slip and fall accidents that occur each year as well. Many of these are due to the negligence of others.
Unlike the minor bruises and cuts that may be experienced by a child who slips and falls while playing, a full-grown adult can suffer far more serious injuries. The reason for this has to do with the fact that when we are children, our bones are far more flexible. However, as we grow older, our bones begin to lose calcium and that tends to make them more brittle. The same concept holds true for our muscles which, in adulthood, have lost the flexibility that they once had when we were children.
As a result of these conditions, it is far more common for an adult to suffer bone fractures and muscle tears from a slip and fall accident. Other types of slip and fall injuries might include deep lacerations, sprains and even fractures. Should a person hit their head in a fall, brain trauma may result. Indeed, a spinal fracture could very well lead to paralysis.
Of course, there are many cases in which someone may fall due to a complete accident in which no one may be responsible. However, should you be the victim of a slip and fall injury that has resulted from the negligence of someone else, then you may wish to seek the advice of a slip and fall lawyer who is available to serve Fort Lauderdale. You can learn your options when it comes to pursuing compensation for medical expenses and other damages that may have come about due to a slip and fall injury.Who is Usually to Blame in a Slip and Fall Accident?
As mentioned earlier, a slip and fall accident can certainly lead to a tragic injury. When this occurs, the resulting medical expenses and other related costs can be extremely high. As such, this may create a situation that involves financial hardship for the injured party and their family.
Property owners in Florida have a legal obligation to keep their premises safe and secure. They are required to repair any hazards on their property and make sure that guests are sufficiently warned of any dangers. They also have an obligation to regularly inspect their property for hazards. In Florida, a property owner or a manager can be considered negligent if they knew or should have known of a hazard and failed to repair it, or failed to provide warning about a known hazard. When a property owner is negligent in maintaining their premises, and someone is injured as a result, our attorneys may be able to help the injured party recover compensation for their losses.
Slip and fall accidents can occur at private residences, retail stores or shopping malls, grocery stores, restaurants, hotels, nightclubs, schools, parks, sports stadiums, parking garage or parking lots or amusement parks. Our attorneys are available to assist you in determining who is liable for your claim.Invitees vs. Licensees vs. Trespassers
Invitees are the people who are present at the property for a reason. They can be a business or a public invitee. For example, a person who is present at a park or a public library is a public invitee. On the other hand, an individual in a retail store is a business invitee. The invitation to the property is implicit for invitees.
Licensees are present at the property for amusement at the invitation of the property or the business owner. Relatives who visit a family member are licensees. Similarly, guests at a party are also licensees.
Anyone present on a property without being invited or for a business benefit is known as a Trespasser. Examples of trespassers include robbers and vandalsLeading Causes for Slip, Trip and Fall Accidents
- Wet, Slippery or Oily Surface
- Objects on the floor
- Loose carpeting or wiring
- Broken Tiles
- Uneven Pavement or Concrete
- Poor lighting
- Cluttered walkways
- Colliding with another individual or object
- Falling off a ladder, scaffolding, building, stairs
- Broken, loose or missing guardrails or handlebars
- Uneven or narrow stairs
There are specific laws which will apply to slip and fall accidents. Slip and fall attorneys may refer to:
- Statute 768.0755 (1) Which will apply to the premise caretaker’s responsibility for items that are not properly cleaned up in a business building.—
(1) 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.
- Statute 768.10 relates to pits and holes that should not be left open. It is not lawful for any company or individual to leave open any pit or other hole outside of an enclosure of a greater depth and breadth than 2 feet; provided, however, such pit or hole may be left open by enclosing the same with a fence or other enclosure
If you suddenly find yourself involved in a slip and fall accident, there are a few things that you may choose to do:
- First of all you’ll want to take a moment in order to determine whether or not you are seriously injured. However, in any case, you should call 911 or Emergency Medical Services for assistance. It’s possible that you may become dizzy when trying to stand back up and you don’t want to fall down again. Of course, if you have been seriously injured then you need someone to help you get immediate medical assistance.
- Take photos and video of the scene of the accident and include any spilled liquid, uneven surfaces, potholes or anything that you believe contributed to your fall.
- Make sure to get the contact information of any witnesses to your accident and/or those who may have assisted you after your fall.
- If applicable, find the building manager and make an accident report. Make sure to get a copy of that report and don’t leave the building without it.
- Your next step is to get medical attention. You may go to your own doctor or a local hospital emergency room. You should get a full medical examination and request a copy of the doctor’s findings. You should also make a follow up appointment to see if there are any changes in your condition. Once you arrive home, place the report(s) and all medical bill receipts in a separate file for future reference.
- In addition, you should place the clothing and shoes that you wore when you fell in a separate location in your home. Believe it or not, this might come in handy.
- Then you should immediately contact a dedicated slip and fall lawyer. Your first appointment is absolutely free. Therefore, there’s nothing to lose and you might get some very valuable guidance for your slip and fall injury claim.
What you shouldn’t do –
- When speaking to the building management, make no accusations regarding who is at fault for the accident. Say as little as possible.
- Avoid downplaying your accident or injury.
- Don’t give any recorded statements to the responsible party or their insurance company. In addition, don’t sign any papers that they may present to you or accept any settlement offers without first consulting with an experienced slip and fall injury attorney.
- Refrain from posting any details about the accident or your injuries on social media.
- Slip and Falls at Private Residences
- Retail Stores or Shopping Malls
- Grocery Stores
- Restaurants, Hotels, Nightclubs
- Schools, Parks, Sports Stadiums
- Parking Garage or Parking Lots
- Amusement Parks
- Injuries to the Neck and Back
- Injuries to the Knees
- Broken or Fractured Bones
- Traumatic Brain Damage or Concussion
- Muscle Sprains
- Dislocated Shoulders
- Nerve Damage
- Injuries to the Spine
- Cuts and Bruises
One of the important things to consider when deciding on whether or not to file a slip and fall lawsuit is the statute of limitations. When it comes to slip and fall injuries, you have 4 years from the time of the accident in order to file your lawsuit. However, it is suggested that you proceed immediately, so that an attorney may be able to conduct a full investigation and possibly have access to any necessary evidence.
In cases in which a fatality has occurred, the victim’s estate only has 2 years from the time of the death in which to file a lawsuit.
An experienced slip and fall lawyer can offer guidance and advice regarding this statute.
Some of the damages that you can recover in a Florida slip and fall accident claim include:
- Medical bills and future medical expenses
- Lost wages and future lost wages
- Cost of home accommodations
- Pain and suffering
- Loss of consortium and companionship
Trying to obtain compensation from a responsible party is something that most of us are not able to do. This is especially true in situations in which one is healing from their injuries. If you are involved in a slip and fall accident that occurred on a private or commercial property, it is advised that you seek medical care and the advice of a slip and fall personal injury attorney.
Discuss your case with a Slip and Fall Personal Injury Attorney Serving Fort Lauderdale Today! Our legal team is dedicated in pursuing the compensation that you deserve! Turn to Frankl Kominsky for comprehensive legal guidance with 75 Million Recovered in Accident & Injury Settlements, 40+ Years Combined Legal Experience and over 6,000 clients and families represented. We offer superior client communication and are available to assist you with your slip and fall claim. Call (561) 354-6184 or use our Contact Form to set up a free consultation.