Slip and Fall Accidents in Boynton Beach
It’s an unfortunate reality that most individuals will experience a slip and fall accident at some point in their lives. While it may seem that these occurrences will be limited mostly to a time in which we are children, they often occur to adults, as well. This is especially true in the case of the old and elderly. While a slip and fall accident is certainly surprising and disorienting, slip and fall accident injuries that result from this can be quite serious and may take a long time to heal.
These accidents may occur through no fault of the victim and the results can be debilitating and incur lifetime disabilities. Because of this, it’s important to understand how slip and fall injury victims can receive the restitution that they need in order to pay for their medical and other accident-related expenses.Laws that Govern Slip and Fall Accidents in Boynton Beach
When it comes to slip and fall injuries, one of the first things that you may want to consider is the statute of limitations that governs filing a lawsuit. If you don’t adhere exactly to these limitations, then your case will usually be dismissed, unless certain (rare) circumstances allow for an extension of the deadline. You may want to consult with a slip and fall attorney in order to discuss how these limitations would apply to any case that you may have.
In Boynton Beach (as well as the rest of the state), the statute of limitations in slip and fall accident cases is 4 years from the time of the accident. This is according to Florida Statute section 95.11(3)(a), which is a statute that is applicable to nearly all of the civil court personal injury cases in the state. This also includes a situation in which property damage was incurred as a result of your Boynton Beach slip and fall accident (such as a cell phone or laptop that you were holding when you fell).The Application of the Pure Comparative Negligence Rule
In Boynton Beach, a pure comparative negligence rule is in effect. This rule states in the case of an accident, the negligence/fault of each of the parties is directly tied to each one’s accident contributions. So, if you were found to be negligent of a certain percentage of the accident, then you can only recover the amount of damages that are stipulated in that percentage. For example, if it is determined that you were wearing unsafe footwear that was responsible for 20% of the accident then you would only be allowed to receive 80% of the awarded damages. In addition, the plaintiff would have 20% of the damages reduced from the payment damages determination.
This is where you will find arguments being made that will attempt to assign a certain amount of responsibility to the slip and fall victim. These can include:
- Wearing the aforementioned unsafe footwear
- The danger was an obvious one and should have been seen by you
- You were in an area that was restricted to you
- There were signs and cones that were meant to warn of slipping/falling dangers
- You were distracted and/or not paying attention to where you were walking
It should also be noted that even if the case is to be settled out of court, the defendant’s attorney will still take these percentages into consideration when settling on an offered restitution amount.What Should I Do If I’m Involved in a Slip and Fall Accident?
If you, or a loved one, should happen to become involved in a slip and fall accident, there are a few steps that you can take in order to help you proceed correctly. These steps can include:
- The first step is to always seek medical assistance right away. You will want to have any injuries assessed and treated by a doctor, so a visit to the hospital may be necessary. You will want a complete evaluation and have everything documented for your records. Make sure to keep (and file) any expense receipts that you get. All of this is exceptionally important for two reasons, Number one, you will want injuries treated and some of those injuries may not be readily apparent, Secondly, you will need to document any expenses should you wish to obtain compensation for your expenditures.
- Immediately report the accident to either the owner of the property or the manager (in case of a store or other commercial establishment). Have a written report of the accident made and make sure that you have a copy for your records, as well. Obtain your copy prior to leaving the premises (unless you are being transported to the hospital by ambulance).
- Make sure that every detail is documented. This included any witnesses’ information such as; name, addresses and phone numbers. Record the exact location of the accident and describe how the fall took place. It is also suggested that you keep the clothes and shoes that you were wearing at the time of the accident, secured in a safe location. These can sometimes be useful as evidence, if there is a trial involved.
- Do not discuss the incident with anyone – especially on social media sites! You should also minimize the conversations that you have with the site owner or manager. You should also refuse to speak to an insurance company or the accident site’s attorney before you have had a chance to speak with a lawyer that you have contacted, yourself.
- It is highly suggested that you contact and speak with a personal injury lawyer regarding your accident. The initial consultation is free, so there’s nothing to lose. Handling any details regarding restitution for your expenses can be extremely difficult to do by yourself. An experienced attorney can advise you on how to try and proceed next.
Although slip and fall injuries are quite common, there are occasions when a slip and fall is the result on the part of the property owner, due to negligence. That’s because a property owner/manager is obligated to keep their property in a “reasonably safe condition”, For example, Florida statute 768.0755 specifies that there is a premises liability concern when someone is injured as the result of “transitory foreign objects” located on walkways that they own/manage. At this point, it is up to the owner/manager to fix the situation(s) as soon as possible. If the situation isn’t fixed in a timely manner and someone is injured as a result, then the owner/manager may be held liable for any damages that occurred as a result of the problem. At this point, the owner/manager is considered negligent and those who are injured could be able to sue the negligent party. For example, if an aisle in a supermarket has boxes blocking it and those boxes are not removed in a timely manner, there may be negligence considered if a customer falls over those boxes while trying to navigate that aisle.
In a Boynton Beach slip & fall injury case, the injured party will be required to prove these things to the court:
- There was a “duty of care” that was owed to the injured party by the owner/manager of the business establishment or property. When someone is invited to enter a property or business establishment, it’s their responsibility to ensure that the area is safe.
- The manager/property owner did not use “reasonable care” when it came to maintaining and/or operating the property. “Reasonable care” is decided by the court in each case in which an injury has occurred.
- Due to the lack of reasonable care conducted by the manager/owner, the victim has been injured.
It should be noted that there is a statute of limitations of 4 years from the date of the accident in order to file a lawsuit, unless there are (very rare) mitigating circumstances. In a wrongful death lawsuit, the statute of limitations is 2 years.Statutes That Apply to Boynton Beach Slip-and- Fall (Property Management) Cases
There are a number of laws that apply to Boynton Beach (and the rest of the state), when it comes to keeping a property safe from slip and fall injuries. Some of these are:
- Statute 768.0425 (1) relates to damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance.
- Statute 768.0755 (1) relates to premises liability for transitory foreign substances in a business establishment. (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
There are a number of slip-and-fall accident injuries that someone may receive. These include:
- Broken and fractured bones
- Partial or full paralysis caused by spinal injuries
- Torn muscles and ligaments
- Soft tissue injury
- Lacerations and cuts
- Head injuries
- Brain injuries
Some of these injuries may not be readily apparent, such as a small fracture that later becomes more serious as time goes on. This is why an immediate medical examination (with follow up(s)) can be extremely important. Make sure to ask for and complete all records pertaining to medical care and its expenses.What Reimbursement Can I Get in a Boynton Beach Slip & Fall Case?
If you are injured in a slip and fall accident, this may include damages that relate to:
- Temporary and permanent disability
- Lost income – current and future
- Emotional stress
- All medical costs
- Property such as a broken cell phone or laptop
- Other costs that are associated with your accident
A slip and fall personal injury attorney can try to assist you in recovering the losses that you have (and are) incurring from a slip and fall injury. They can try to determine exactly what those losses are and how to proceed with your slip and fall claim.Enlist a Personal Injury Lawyer, serving Boynton Beach, to Protect Your Rights
Deaths and injuries from slip and fall accidents can be the result of property maintenance negligence, which may occur in Boynton Beach 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 injuries or even 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.
Consult with a personal injury attorney, who serves Boynton Beach. We will try to assist you in receiving the best care and compensation that you rightfully deserve. Therefore, when you or a loved one are involved in a Boynton Beach slip and fall accident, contact a Slip and Fall Personal Injury Attorney Serving Boynton Beach Today! Turn to Frankl & Kominsky for comprehensive legal guidance. Call (561) 800-8000 or use our Contact Form to set up a free consultation.