Slip and Fall Lawyer Serving Jupiter
When we were children, an accident that involved slipping and falling was one of the most common occurrences while playing. This is to be expected, since young children usually have not had the time to develop a good sense of balance at this stage of their lives. Fortunately, with greater flexibility (and being low to the ground in the first place), children who fall will usually only end up with a minor cut or bruise. However, slipping and falling can be a different matter for adults. For adults, slipping and falling can have serious consequences that may require medical care.
For adults, these consequences may involve: a broken bone, a torn ligament and other potentially serious injuries. Should this type of accident be the result of a property owner’s or manager’s negligence, then speaking with a slip and fall lawyer in Jupiter may very well be the best decision to make. Should your slip and fall accident result in injuries that require expensive medical treatment, time away from work or on-going physical therapy, you may want to consider speaking to an experienced personal injury attorney. Your initial consultation is free - so there is nothing to lose.
While it’s true that a slip and fall accident can come from a situation where no one is at fault, there are also many occasions where the accident has resulted from someone who wasn’t doing their job. When you consider the fact that this type of accident may result in a hospital stay, surgery or lost job income, then you may want to know just how to recover your financial losses.Slip and Fall Accidents in Jupiter: Who Is At-Risk
According to the Center for Disease Control, adults above the age of 65 are most at risk for serious injuries following a slip and fall. The report stated that the most common causes for slip and falls in older adults were from poor footwear or foot pain, hazards such as broken or uneven pavement, slippery or oily substances, and poor lighting.Florida Statute of Limitations: Slip and Fall Accidents
If you are considering filing a lawsuit for a slip and fall accident in Jupiter, then there are certain things that you should know regarding this process. For example, there is a statute of limitations that is connected to this type of accident involving negligence. For example, let’s say that you have an appointment in an office building. After arriving for your appointment, you happen to slip and fall due to a puddle of water on a hallway floor.
In this particular case, one of the things to consider is that there was no sign saying that there was a slipping hazard in this area. Furthermore, the puddle of water came from a leak that was already known to the building’s management.
Now, you have fallen and it’s been determined that you have broken a bone in your leg. There are medical costs that come from the treatment of your injury and you also need to take some time off work in order to heal. Rather than bear the expenses that have come from this accident, you decide to file a claim against the owner of the building.How Long Do You Have To File A Slip and Fall Injury Claim
In a case such as this, state law says that you have just 4 years, from the time of the accident, in order to file a lawsuit. There are some exceptions to this rule, but they are considered very rare. In cases in which a person has died as a result of a slip and fall accident, that person’s estate has just 2 years, from the time of the accident, to file a lawsuit. This information can be found here: Florida Statute section 95.11(3)(a). You can also get more information from a slip and fall lawyer who serves Jupiter.Premises Liability Laws that Apply to Slip and Fall Claims
There are several laws that will cover slip and fall cases. Our Palm Beach County Injury Attorneys often cite:
- Florida Statute 768.0425 (1) Which applies to damages against contractors for injuries suffered from poor property care.
- Florida Statute 768.0755 (1) Which applies to premises 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.
Florida 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 enclosurePalm Beach Slip and Fall Injury Claims: What is a Pure Comparative Negligence Rule?
One of the things that may apply to a slip and fall accident lawsuit is something that is known as a “comparative negligence rule”. This rule states that more than one of the parties in the lawsuit can be held responsible for the accident. As an example of this situation, let’s take another look at the slip and fall example that was just shown.
In this case, the person, who was visiting the office building, slipped and fell on a puddle of water in the hallway. However, let’s say that the person was also distracted by talking on their cell phone at the time of the accident. It can be argued that the puddle hazard was obvious and that the person fell due to their walking while not paying attention to their surroundings. Therefore, the building owner’ attorney says that his client is not responsible for the entire accident.
Here, we have a situation in which a portion of the fault of the accident may be placed on both parties. This decision will affect the amount of any financial award that is given to the person who was injured in the accident. For example, if the court decides that 20% of the accident was the fault of the injured party and the amount awarded is $100,000, then the person who was injured may only receive $80,000 for their claim.
Here are some of the reasons that a property owner’s attorney might try to use when trying to say that their client was not at fault or responsible for the slip and fall accident:
- A sign was clearly posted that warned of the hazard
- The injured party was in a restricted area
- The danger an obvious one and could easily be seen
- The injured person’s shoes were slippery
- The victim was not paying attention because they were talking on their cell phone
Homes, Private Residences, and Private Property: these slip, trip, or fall accidents occur when one is invited into a private home or residence.
Department Stores, Shopping Outlets, Malls, Retail Stores, : these accidents could occur at an entrance of a store or mall, the foot of the escalator, the restroom, hallway, or dressing room.
Pharmacies, Grocery or Convenience Stores: accidents in a grocery store or pharmacy could occur by a refrigerated section
Restaurants, Bars and Nightclubs: accidents in a restaurant or nightclub can occur when a spill has not been cleaned up or a leakage has not been attended to.
Parking Garage or Parking Lots: slip, trip and fall accidents that happen in a parking garage could be a result of poor lighting, broken or uneven pavement
Other places that slip and fall injuries can occur are Amusement Parks, Private Schools, Colleges or Universities, Privately owned Parks, Cruise Ships, Stadiums, Conference HallsWhat Should I do if I Fall on Someone Else’s Property?
A slip and fall lawyer who serves Jupiter may recommend certain steps that you should take when it comes to a situation where you have fallen on someone else’s property. These include:
- If you have been seriously injured, have someone call for assistance. This will serve to have someone there in case you have some trouble getting up or are hurt more than you have realized. In case of a significant injury, you should call for an ambulance and head over to your local hospital emergency room or go to your own doctor.
- It would be very helpful for you to get the contact information and a statement from any witnesses to your accident. This information could potentially be very valuable to your own slip and fall lawyer.
- The accident should immediately be reported to the management of the building or the building owner. If at all possible, do not leave the building without a copy of the written report.
- If you can travel yourself, go directly to a local hospital emergency room (or your own doctor). You will want to get a full checkup along with an appointment for a follow-up visit. Keep copies of all doctor’s reports and medical bills in a single location in your home.
- You will also want to keep the clothes and shoes that you were wearing, at the time of the accident, in a separate place in your home.
- Don’t discuss the accident with the building owner, their lawyer or their insurance company. Don’t accept any money or sign any checks from them, as well. Also, never take any blame for the accident yourself and don’t place any blame, either. In addition, don’t discuss the accident on social media!
- Immediately get in touch with an experienced slip and fall lawyer. The first visit with a lawyer is completely free – so you’ll have nothing to lose.
There are a number of different types of injuries that one can receive in a slip and fall accident.
8 Types of Injuries Following a Slip and Fall Accident
- Lacerations, Abrasions and contusions
- Traumatic brain injuries
- Spinal cord injuries
- Neck or back injuries
- Broken or Fractured bones
- Internal injuries and Internal bleeding
- Soft tissue injuries to ankles, knees, wrists, and elbows
- Other injuries that require medical treatment
Since each accident will have a different set of circumstances, the amount that would possibly be claimed in a slip and fall accident can’t be predicted beforehand. Damages that can be pursued include: Medical Bills, Full or Partial Disability, Cost of home accommodations, Lost Wages or Future wages, Pain and Suffering and Wrongful Death.
The specifics of what you may recover can be discussed with one of our lawyers who are sympathetic to your situation and can understand what your needs may be.Contact an Experienced Personal Injury Lawyer to Protect Your Rights
Property maintenance negligence can be the cause of a slip and fall or a trip and fall which may result in severe injuries. These may occur in Jupiter at any given time. In addition, it’s important to understand that while pits and holes are often a factor, there are also many times when this isn’t the situation. Falls can be the result of spilled liquid, uneven surfaces or a variety of dangerous hazards on a property. If you or a loved one 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.When Should You Hire a Personal Injury Lawyer for a Slip and Fall Accident
Right away - seeking the advice of an experienced personal injury attorney,who can try to assist in pursuing the best care and compensation that you rightfully deserve. Therefore, when you or a loved one are involved in a Jupiter slip and fall accident, contact a Florida personal injury attorney.Jupiter Slip and Fall Accidents: Get Started with a Free Case Evaluation
At Frankl Kominsky Injury Lawyers, we pledge to protect every client we represent from the at fault party, property owners, and their insurance companies. We have over 40 years of combined legal experience, have represented more than 8,000 clients, and recovered $100 million in accident and injury settlements.
If you or a loved one is injured, call our local injury lawyers for a free case review. Discuss your case with a Slip and Fall Personal Injury Attorney Serving Jupiter Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-701-9992 or use our Contact Form to set up a free consultation.