Slip and Fall Lawyer Serving Parkland
Parkland, Florida is known as a popular tourist spot for those who enjoy a location that projects a park-like atmosphere. A census taken in 2010 reported over 23,000 residents. Some of the more popular outdoor activities include golf at the prestigious Parkland Golf Club and water-related activities at the popular Quiet Waters Park. But no matter where you happen to be, slip and fall or trip and fall accidents can sometimes occur, resulting in personal injuries.
According to the Florida Health Department, there were over 26,000 individuals injured in a slip, trip or stumble. The second highest were caused by falling off a ladder, building or by colliding with an object or individual.
Most of us can recall some occasions in which we slipped and fell when we were children. This is a common occurrence since most children have yet to fine-tune their sense of balance. That, plus the fact that they tend to place all of their attention on things other than watching where they are going. However, nature has ensured that children are relatively flexible. Hence, serious injuries from falling are somewhat rare. Not so with adults.
Adults tend to lose calcium as they age. This means that the bones of an adult can become somewhat more brittle as time goes on. In addition, adults have farther to fall than a small child. Add to this, distractions from things like cell phones or business concerns and you have a recipe for a potential serious injury. These injuries can run the gamut from broken bones to actual fatalities. Medical expenses can be quite costly and if the accident is the result of negligence on the part of someone else, then compensation may be in order. This is when someone may choose to seek the assistance of a slip and fall lawyer serving Parkland.
Some of the more common injuries that may arise from a slip and fall accident are; lacerations, fractures and muscular damage. When a slip and fall injury occurs on a commercial property, it may sometimes be the fault of someone who has neglected their duty to keep the floors clear of debris or place a marker that warns of a potential slipping hazard. This type of hazard may be in the form of a spill or a defect in the surface of a floor. In these cases, either the building owner or the building manager could be held responsible for this type of accident.
These accidents may result in financial losses including expensive doctor or hospital bills, lost time from work and/or the ability to work in the future. The non-financial costs may include; pain and suffering, extensive recovery times and certain physical disabilities. Since commercial properties will likely have access to their own legal resources, it can make sense to engage the services of your own legal counsel. This may be able to help you while you are recovering from an injury and are not up to dealing with the complexities of filing a personal injury claim. For legal advice and guidance, you should consider contacting an experienced slip and fall lawyer.Who is Responsible for a Slip and Fall Accident?
In Florida, and some other states, property owners are required to keep their premises safe and secure. They must repair any hazards on their property and, at the very least, make sure that guests are adequately warned of any dangers. If a property owner or manager is negligent in maintaining their premises, and a visitor is injured as a result, our attorneys may be able to help the injured party recover compensation for their damages..Invitees vs. Licensees vs. Trespassers
When entering a property, it's important to understand the difference between "invitees" vs. "Licensees" vs. "Trespassers". These definitions may enter into a claim argument should an accident occur. A person who comes onto another's property, business establishment or premises upon invitation (An invitation will be implied when a shop is open and the public is expected to enter to inspect or do business on the property.) is an invitee. A person who is invited to be on the property by the owner of the property for the purpose of business dealings with the owner of the property or is not a member of the general public but has permission to be on the property through an agreement with the owner is considered a licensee. While a person who is not authorized to be on a property or a certain section of that property is considered a trespasser. Needless to say that trespasser would not have the same rights as an invitee or licensee.Types of Injuries You can Sustain in a Slip and Fall Accident
Of course, there are a number of different types of injuries that may be sustained in a slip and fall accident. A few of the more common injuries are:
- Broken or Fractured Bones
- Traumatic Brain Damage or Concussion
- Nerve Damage
- Injuries to the Spine
- Cuts and Bruises
- Knee Damage
- Muscle Sprains
- Dislocated Shoulders
- 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
According to Florida law, you have just 2 years from the time of the accident in order to file your slip and fall lawsuit. Failure to file within that time limit will result in your case being forever barred. In a situation in which a slip and fall accident has led to the person's fatality, that person's estate will only have 2 years from the time of the death in order to file a lawsuit. There are some exceptions to these limitations, but they are extremely rare. You can obtain some more information regarding these limitations here: Florida Statute section 95.11(3)(a). In addition, a slip and fall lawyer serving Parkland can also try to assist you with questions that you may have regarding this statute.
There are several laws that cover slip and fall legalities. These include:
- Statute 768.0755 (1) Which applies to premises responsibility for items that are not properly cleaned up in a business building.–
- 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.
If you have decided on filing a lawsuit when it comes to a Parkland slip and fall accident, then you should be aware of some of the legal details of such a case. However, let's take a hypothetical example of a slip and fall injury case in order to clarify a few points.
Let's say that you have a business appointment located in a commercial property. You enter the office building and take the elevator to the appropriate floor. As you walk towards the appointment office you fail to notice a small puddle of water that is in the center of the hallway. There are no warnings regarding this hazard, so you have no indication of the danger that you're approaching. You slip on this puddle and hit the floor hard. You're completely taken by surprise and, for a moment, you're totally confused. Once you realize just what has happened, the only thing that really stands out is that sharp pain in the arm you used when trying to break your fall.
Since feel a bit dizzy, you call out for help and someone quickly comes to your assistance in order to help you stand up. You report the incident to the building manager and get a copy of the report to take with you. Due to the sharp pain in your arm you immediately head on over to the nearest hospital emergency room in order to get a physical evaluation. The examination shows that you have two fractures in your right arm, but there is also a hairline fracture in your neck, as well. This will require surgery to repair.
Now, you have a situation in which you are facing a hospital stay along with a certain amount of time off from work. Unfortunately, you don't have any accumulated sick time and no medical coverage from work, so you won't be getting paid while you recover from your neck operation. Plus, you will be limited in your actions since you happen to be right-handed and your right arm is broken. Since you can't afford the expense of medical care, not to mention the time away from work, you decide to file a lawsuit against the owner of the building.Types of Slip and Fall Cases We Handle at Frankl Kominsky
- Restaurants, Hotels, Nightclubs
- Schools, Parks, Sports Stadiums
- Parking Garage or Parking Lots
- Amusement Parks
- Slip and Falls at Private Residences
- Retail Stores or Shopping Malls
- Grocery Stores
The "Modified Comparative Negligence Rule" is a legal term for something that one might encounter when filing a Parkland slip and fall lawsuit. According to this rule, it may be possible for the court to decide that both parties should share the blame for the accident. Let's take another look at the previous slip and fall accident to illustrate this situation.
There are many different factors in which you many be partially responsible in your slip and fall claim. These can possibly include:
- You weren't paying attention because you were using your cell phone
- You weren't paying attention since you were worried about your appointment and the hazard was an obvious one
- Your shoes were slippery
- Your clothing has something to do with your injury
- You were somehow walking in a restricted area.
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.
It's also important to understand that a modified comparative negligence argument can also be used when bargaining for an out-of-court settlement.After a Slip and Fall Accident, You can Claim for the Following Damages Economic Damages
- Lost Wages or Future Wages
- Medical Bills
- Full or Partial Disability
- Cost of home accommodations
- Pain and Suffering
Here are some steps you may choose to take in the event of a slip and fall accident:
- After you've just fallen, take a moment to get your bearings and refrain from trying to stand up immediately. Use that time to determine the extent of any injuries that you may have sustained.
- Call for help. This may serve 3 purposes. First, you would want someone there when you try to stand up in case you get dizzy. Secondly, you want someone who has seen that you are suffering the effects of a fall (get their contact information). Finally, if you have been seriously injured, then you'll need someone to call for an ambulance.
- If possible, take photos (possibly with your cell phone) of the accident scene, the reason for your fall and any obvious damages that you've suffered.
- File a report of the accident, before you leave the building, with the building owner or manager. Make sure to get a written copy of the report and take that with you before you even leave the building.
- If you are mobile, then make your way to a local hospital emergency room or your own doctor and get a complete checkup. You should also set up a follow up appointment as well.
- Make sure to keep a copy of all your medical expenses and doctor's findings in a single location in your home.
- Keep the shoes and clothing that you wore when you had your accident in a separate location in your home.
- You should then consider speaking with a slip and fall lawyer serving Parkland. This may give you an opportunity to hear about any options that you have. Not only that, but the first appointment is free. So why waste the opportunity when you have nothing to lose?
- Do not avoid medical treatment
- Do not discuss the accident with property's attorney or insurance company
- Do not accept any payment without the approval of your own attorney
- Do not post the accident information on Social Media
- Do not provide a recorded statement to an insurance company
- Do not discuss the accident in detail with the property owner
- Do not sign anything presented to you by the property owner's insurance company or attorney without the approval of your own attorney
Deaths and injuries from slip and fall accidents can be the result of property maintenance negligence, which may occur in Parkland 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. There have been a number of cases in which neglected trash and faulty steps and railings has resulted in an injury that eventually led to a person's death. The injuries involved may include brain damage and various internal organ injuries. Therefore, even 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.Start Your Free Initial Consultation Today
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Discuss your case with a Slip and Fall Attorney Serving Parkland Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 954-627-1661 or use our Contact Form to set up a free consultation.