Slip and Fall Lawyer Serving Palm Springs
Most of us have slipped and fallen at one point in our lives. Usually, this has happened when we were kids and weren’t as careful as we are now, as adults. If we were playing and running and happened to slip and fall, we most likely ended up with a hurt knee or some other minor injury. But, as adults, slipping and falling can be far more serious. An adult, who has slipped and fallen, may have injuries that involve the neck and back, a broken bone, a pulled muscle or some other harmful result. That’s why our slip and fall lawyers serving Palm Springs are available to assist if you have been injured in a slip and fall accident.
Usually, this event will happen completely by accident and no one is to blame. But, sometimes this isn’t the case. When you consider the types of severe injuries that can come from a slip and fall accident, it’s important to know what you need to do in order to obtain compensation for your damages.What Laws Apply to Slip and Fall Accidents in Palm Springs
There are a number of laws that cover slip and fall injury cases:
- Statute768.0425 (1) Which applies to damages against contractors for injuries suffered from poor property care.
- 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.
- 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 wish to file a lawsuit, when it comes to a slip and fall accident, you would first need to know about the statute of limitations that would apply to your case. For example, say that you were shopping in a store and you slipped on a wet spot on the floor. The wet spot came from a leak in the roof and it happens on a regular basis. In this case, the store manager should have had the roof fixed a long time ago.
Here, the statute of limitations is 4 years. This means that you only have four years (from the time of the accident) in order to file your lawsuit. There are times when you would have a longer time to file, but this is a very rare thing. Also, if someone died because of a fall, then there is only 2 years allowed before filing the lawsuit. This is shown in Florida Statute section 95.11(3)(a). For more information and guidance, be sure to contact our experienced slip and fall injury attorneys, serving Palm SpringsWho is Responsible for a Slip and Fall Accident?
In Palm Springs and in the rest of the State of Florida, property owners have an obligation to keep their premises safe and secure. Property owners must fix any hazards on their property and make sure that their guests are adequately warned of any dangers. A property owner can be considered negligent if they knew or should have known of a dangerous condition on their property and failed to repair it or provide warnings. When a property owner is negligent in maintaining their property and someone is injured as a result, our experienced slip and fall attorneys may be able to assist you in recovering compensation for your damages.What to do after a Slip and Fall Accident?
If you slip and fall on someone else’s property, there are some steps that you can take in order to help try to protect your rights. These include:
- Seek medical treatment for your injuries. If you are hurt you may need to have someone call for an ambulance so that you can go to the hospital right away.
- If there are any witnesses be sure to get their contact information.
- You will want to let the owner or manager know what has happened. A report should be made of the accident and you need to have a written copy given to you. Do not leave that building without your copy of the report.
- Take photos and video of the scene of the accident. Be sure to include the cause for the slip and fall such as spilled liquid or uneven surfaces. Take photos of any injuries as well.
- If you are able to travel on your own, your first stop should be to a local hospital emergency room or your own doctor. You need to have a complete checkup, since some injuries may not be seen until later in the day or the next day. You should also make a follow up appointment. You should get a copy of all the doctor bills and medical records. Keep all of these in one file in your home.
- Keep all of the clothes along with the shoes that you were wearing.
- Do NOT write about your accident on any social media. Also, do not provide a recorded statement to the property’s insurance company or lawyer.
- Do not sign any documents or accept a settlement with the property owner’s insurance company without first speaking to an experienced Slip and Fall Injury Attorney
- Get in touch with a Slip and Fall Lawyer as soon as you can. The initial consultation is completely free – so you have nothing to lose.
See video: “I was injured on someone else’s property. What should I do?”What do I have to prove in a slip-and-fall claim?
Although these kinds of accidents happen all the time, sometimes the fault can be found with the property owner or manager. That’s because one of those people may have been negligent when it came to keeping the property safe. Under the law, a property owner must keep their property safe for those who are supposed to be allowed on that property. You can find an example of this in Florida statute768.0755, which says that having items laying on a walkway can be the cause of accidents and that they can be blamed if this happens.
This also means that a property owner is to fix the problem as soon as possible. By not doing so, the building owner/manager may be responsible for any damages that have been incurred on medical care for any injuries suffered by a person who has slipped and fallen. They may also be responsible for additional damages as well including lost wages and benefits due to missing work as a result of the injuries.What are some of the common injuries that can happen in slip and fall accidents?
There are many types of injuries that one can suffer in a slip and fall accident. Some of these injuries are:
- Neck Injuries
- Back Injuries
- Soft Tissue Injuries
- Cuts and Bruises
- Broken Bones
- Traumatic Brain Injury
Each accident can be different, so there is no way to say here what amount a slip and fall accident can receive. This amount will depend on the injuries that were received and other issues that came about because of the accident. Damages that can be recovered include:
- Medical Expenses (Past and Future)
- Lost Wages – now and in the future
- Diminished Earning Capacity
- Full or Partial Disability
- Pain and Suffering
- Wrongful Death
- Damaged items such as broken electronics or cell phones
- Other types of costs
Severe injuries from slip and fall accidents can be the result of property maintenance negligence, which may occur in Palm Springs at any given time. Slip and fall accidents can occur at private residences, retail stores, shopping malls, grocery stores, restaurants, hotels, nightclubs, schools, parks, sports stadiums, parking garages or lots and amusement parks. If you or a loved one are injured 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.
Seek the advice of a personal injury attorney, who can try to assist in receiving the best care and compensation that you rightfully deserve. Therefore, when you or a loved one are involved in a Palm Springs slip and fall accident, contact a Florida personal injury attorney.
Discuss your case with a Slip and Fall Personal Injury Attorney Serving Palm Springs Today! Turn to Frankl & Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.