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 pursue the compensation that they need in order to pay for their medical and other accident-related expenses.
In Boynton Beach, Where do Slip and Fall Accidents Occur the Most Many local hospitals and emergency rooms in Palm Beach County have reported that slip and falls accidents occur in -
- Grocery Stores, Department Stores, Shopping Malls and Shopping Centers
- Homes and Private Residents
- Hotels, Restaurants, Night Clubs, Bars, Casinos
- Conference Halls, Stadiums, Universities, and Schools
- Gas Stations, Parking Garage or Parking Lots
- Entertainment Venues, Amusement or Theme Parks
Who Is At Risk For A Slip and Fall Accident Older Adults or Seniors According to the Center for Disease Control, more than one-in-four adults over the age of 65 fall each year, but less than half report their injuries until it’s too late. Note: Falling twice doubles your chances of falling again
Slip and Fall Statistics for Senior Citizens - Over 3 million individuals are treated in the emergency room and urgent care for slip and fall injuries
- More than 300,000 older people are treated or hospitalized for hip fractures
- Falls are the most common cause for TBI or Traumatic Brain Injuries in Seniors
- Over 800,000 patients were hospitalized due to a head or hip fracture after a slip and fall accident
Top Injuries from a Slip and Fall Accident Broken or Fractured Bones: symptoms of a broken or fractured bone include swelling or bruising over the affected area, severe pain especially when pressure is applied or when you try to move it, obvious deformity, loss of function in the injured area Dislocated Shoulders, Hips, Knees: symptoms of a dislocated shoulder or hip includes severe pain, swelling and bruising, numbness or weakness, muscle spasms
- Fractured Skull, Concussion or TBI - Traumatic Brain Injuries
- Spinal Cord Injuries
- Back or Neck Injuries
- Internal Bleeding
- Soft Tissue Injuries and Whiplash
- Lacerations, Cuts, Scrapes, Bruises, Road rash
- Herniated Discs or Back Injuries
How Long Do You Have To File A Personal Injury Claim In Boynton Beach (as well as the rest of the state), the Statute of Limitations in slip and fall injury cases is 2 years from the date of the accident. In a wrongful death
lawsuit, the statute of limitations is 2 years from the date of death. 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 Modified Comparative Negligence Rule Florida operates under a modified comparative negligence rule. This rule states in the case of an accident, whatever amount you are found to be negligent or at fault, your recovery will be limited by that amount. So, if you were found to be negligent for a certain percentage of the accident, then you can still recover compensation for your damages, it would just be reduced by your percentage of fault. 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. This is why you may find arguments being made that will attempt to assign a certain amount of responsibility to the slip and fall victim.
Causes For A Slip and Fall Accident - Surfaces that were slippery or oily
- Loose objects on the floor or cluttered walkways
- Loose, torn or frayed carpeting
- Wiring that was not properly secured
- Broken or Chipped Tiles
- Broken or Uneven Pavement or Concrete
- Poorly lit areas or lack of lighting
- Colliding with another person, object or structure
- Falling off a ladder, scaffolding, building, stairs
- Broken, loose or missing guardrails or handlebars
- Uneven or narrow stairways
- Negligent Cleaning Practices or Poor Housekeeping
- Dangerous Surfaces
- Spills or Flooding
- Wet Floors or Newly Polished, Mopped or Waxed Floors
- Tripping Hazards
- The danger was an obvious one and should have been seen by you
- There were signs and cones that were meant to warn of slipping/falling dangers
- Wearing the aforementioned unsafe footwear
- You were in an area that was restricted to you
What Should I Do After 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. These steps can include:
Get Medical Treatment 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.
Hospitals and Urgent Care Centers in Boynton Beach 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 pursue compensation for your expenditures.
Report The Accident 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). Gather Claim Details Make sure that every detail is documented. This includes 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 your own personal injury attorney.
Speak with a Personal Injury Attorney 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 compensation for your expenses can be extremely difficult to do by yourself. An experienced attorney can advise you on how to proceed and will discuss your legal options.
Ask Attorney Ethan Kominsky: I was injured on someone else's property. What should I do? What Do I Need to Prove in a Slip and Fall Court Case? Although slip and fall injuries are quite common, there are occasions when a slip and fall is the fault of 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 are eligible to bring a claim against 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, Trip or Fall Injury case, the injured party will be required to establish: There was a “duty of care” that was owed to the injured party by the owner/manager of the business establishment or property. This duty of care is to keep the premises free of hazards. 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 breached the duty of care when it came to maintaining and/or operating the property and allowed a potentially dangerous condition to exist. The breach of care caused you to slip and fall and sustain injuries. Because of your injuries in the slip and fall you have incurred damages.
The Difference Between An Invitees vs Licensees vs Trespassers | An Invitee is a guest or visitor that is invited onto the property by the owner. | A Licensee is a contractor who is invited onto the property to perform a job or service. | A Trespasser is an individual who was not invited onto the property. |
Florida Statutes for Slip and Fall Accidents in Boynton Beach 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.
What Damages Can I Claim For in a Slip and Fall If you are injured in a slip and fall accident, you 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.
How Frankl Kominsky Can Help Your Injury Claim If you or someone you love has been injured in a slip and fall accident while on private property such as a gym, grocery or department store, gas station, or someone’s home, you may have a right to pursue a personal injury claim. By filing an injury claim, you may be compensated for costly medical bills,
pain and suffering,
lost wages and other damages. Our
personal injury lawyers in Boynton Beach, FL strive to provide diligent legal representation, meticulous case management, and excellent client services. We have represented more than 7,000 injured clients throughout Florida.
Top 7 Questions Your Slip and Fall Lawyer May Ask - When you were injured, where did the accident take place?
- What did the floor or surface look like?
- Have you fallen on this property before or is this your first time?
- Who was with you when you fell?
- a. Were you alone or were witnesses present?
- Did you report the accident to the property owner or company?
- Was EMS or Emergency Services called to the scene of the accident?
- Did you see a doctor, visit an emergency room, or urgent care after the fall?
Boynton Beach Premises Liability Lawyers
Premises liability is a section of personal injury, which allows an individual that has been harmed or injured as a result of someone else’s negligence to seek compensation. Premises liability indicates that a business or public area did not have proper safety measures in place to keep civilians safe and are liable for the injuries caused by their lack of safety measures. These types of claims can be difficult to prove because accidents do happen from time to time anywhere, especially slips and falls. In order for someone filing a premises liability to have a case, there must be proof that the property owner was responsible for the injury and knew about the potential hazard. This stated, the best way to determine if you have a case is to consult with an attorney and receive their legal advice. They can help you further investigate the accident location and property owner to gather evidence that supports your position.
Examples of Premises Liability Accidents The type of premises liability accidents can vary depending on where your accident occurs. Here are some locations where these types of accidents can take place:
- Schools
- Grocery stores
- Retail stores
- Businesses
- Restaurants
- Concerts
- Sporting events
- Parks
- Workplaces
- Government properties
- Apartment or townhome complexes
At these locations, there can be many issues that arise based on how the location maintains its facility, uses its budget, incorporates safety measures, and is proactive in a problematic situation. Here are some examples of accidents that could possibly qualify as premises liability:
- Slips and falls
- Inclement weather accidents
- Bad maintenance or landscape
- Not enough staff
- No business security measures
- Water leaks or spills
- Defective signs, items, or conditions
- Amusement park accidents
- Animal accidents
These are just a small list of examples of premises liability accidents. It is possible your accident is not listed above and still fits a premises liability claim. Consult with a trusted attorney about your accident to determine if you have a case and if your accident falls under premises liability.
Possible Premises Liability Injuries The type of injury you suffer from as a result of premises liability can vary depending on your accident. You may suffer from one or more injuries from the accident, so you should note details in your medical records to show proof of your injury relating to the accident. Here are some injuries you may suffer from as a result of accidents that occur due to premises liability:
- Broken bones
- Fractures or sprains
- Brain injuries
- Back injuries
- Neck injuries
- Death
- Disability
- Severe wounds
- Amputation or dismemberment
- Burns
- Drowning
- More
Causes of Premises Liability Accidents There are endless causes of premises liability accidents, depending on the property owner and how they prevented or failed to prevent the injuries. Here are some scenarios where injuries can occur that could possibly make the property owner liable for the situation:
- Apartment complexes with broken stairs, dim lighting, or poor maintenance
- A nightclub or bar that has little to no bouncers, and a fight breaks out
- A violent act occurs, and a business does not take action
- Faulty signs or displays posted around a store that fall and hit a customer
- Poorly trained staff that cannot effectively handle certain situations
- A spillage on the floor with no caution signs posted or cleaned up promptly
- An outdoor park without potential risk signs
What Is a Premises Liability Lawyer? A premises liability lawyer is a professional that is educated, trained, and licensed to handle cases involving injuries that occurred on someone else’s property. These professionals have the knowledge and experience to help you file a claim, review all evidence, and understand your rights. Premises liability lawyers are not only equipped to know laws and regulations in this practice area, but they also offer many other services for victims looking to file. A premises liability lawyer is responsible for being your advocate throughout the duration of your claim and speaking on your behalf in certain situations. They are also there to give you sound legal advice and inform you about the best steps to take for a chance of a successful outcome. They can also help you seek compensation to recover from the accident by collecting necessary evidence and proof to support your position. Your attorney will speak to your insurance provider to help negotiate with them before the need of filing a lawsuit. The best reason to hire an attorney for your case is to have someone on your side that you can trust. Your attorney will be there to fight for you and will always have you and your family’s best interests in mind. If you have any questions about your case, you can always ask an attorney for a clear answer.
How to Find the Best Attorney Finding the right premises liability lawyer begins with researching firms in the Boynton Beach area and compiling a list to consult with. Hiring an attorney can sometimes be an investment, so you will want to consult with more than one to compare firms and find the right fit. Law firms typically offer initial consultations that are free and have no obligations, which means you can meet with however many firms you want before selecting an attorney to work with. However, you should note that Florida’s Statute of Limitations offers victims of premises liability two years from the date of the accident to file a claim. Although this may seem like enough time, the period will pass by quickly and there are many steps to take during that time span. Additionally, you will need time to heal from your injuries, find the right legal representative, and go through the lengthy claim filing process. When you begin researching and consulting with firms, consider these points to investigate and keep in mind:
- Reviews from past clients
- Years of experience practicing law
- Experience and background in premises liability
- Similar cases the attorneys have represented
- How they communicate and what they need from you
- Resources they use
- Their legal fees and preferred method of payment
If lawyer fees scare you, you should know that most attorneys do not get paid unless you win your case, and often operate with contingency fee agreements. Contingency fees are an agreed-upon percentage your lawyer will be compensated with from your final earnings if you receive a settlement. For example, if your lawyer has a contingency fee of 33% and you are awarded $80,000, you will pay your attorney $26,400 from the $80,000. This is typically the preferred payment method for attorneys, and typically ranges from 33%-40%. The best thing about this method is that you usually do not have to worry about payment until the very end of your case. Some attorneys prefer operating with an hourly fee, which you may have the flexibility to pay throughout your case or all at once from your settlement at the end if you win. Whichever your attorney’s preferred payment method is, it’s important to have it in writing before your case begins to avoid future complications.
What Damages Can You Recover From Premises Liability? In Florida, victims of premises liability can seek compensation to help them recover several damages and losses they’ve experienced from these accidents. The most common is medical expenses for treatments associated with the accident, but there are other damages you can seek to recover from, such as:
- Future medical expenses
- Rehabilitation procedures
- Funeral expenses (if death occurred)
- Lost wages and income from time off work
- Disability expenses
- Out-of-pocket expenses
- Pain and suffering
- Mental and physical anguish
- Anxiety and depression
- PTSD or trauma
- Loss of enjoyment of life
- Life-altering impacts (physical and mental)
Consulting with your attorney is the best step in deciding which damages you can seek and what your best chances are at seeking compensation.
How to File a Premises Liability Claim in Florida Here are the steps that are recommended to follow if you would like to file a premises liability claim in Florida. Not every premises liability case is the same, so your case may take a longer or shorter time than others.
1. Report the Accident to the Property Owner This can be a tricky step, and you must be careful with how you handle this part of the process. As soon as the accident occurs, you must report it to the property owner immediately, so they are aware. Always be cautious about what you say and try to focus simply about what caused your injury and what unfolded. Consider speaking with an attorney before answering questions.
2. Find an Attorney The next crucial step is to hire an attorney that is experienced in premises liability claims. They can review your evidence to determine whether you have proof for a claim and can help you file. Additionally, they can speak to your insurance on your behalf to help optimize your chances of an adequate outcome to help cover medical expenses associated with the accident. If the accident has placed you out of work or if the injury is severe enough to completely alter your way of life, your attorney can help you seek more compensation through settlement negotiations if needed.
3. Talk to Insurance (With Your Attorney’s Help) After you hire an attorney, use their services and negotiation skills to speak with your insurance to assist in compensation for your medical expenses. Most people try to complete this step on their own but do not understand that their own words can reduce how much they may be offered. This is why it is best to have a lawyer present for this step of the process to speak on your behalf.
4. File Your Claim Your lawyer will review all your documents and evidence to establish proof of liability on the property owner's part. Once proof is established, you can begin filing your claim. This will be your lawyer’s responsibility and they will draft the papers to serve the defendant.
5. Start Discovery The next step is what most of your case will entail. You will collaborate with your attorney to recover all possible evidence to show your position in the accident and how the known dangerous conditions led to your injury. The defendant will do their own part during the discovery process to try and support their position and innocence.
6. Negotiate for a Settlement Sometime during your case, your attorney will try to negotiate for a settlement with the other side that can be solved out of court. This process requires you and your attorney to meet with the defendant, their attorney, and possibly a mediator to reach an agreement on a settlement based on your damages. Most premises liability cases result in a settlement, but it’s possible not being able to reach an agreement or for some defendants to opt out of this process.
7. Go to Trial If you do not have successful settlement negotiations or if the defendant opts out, your case can then go to trial. This is where a judge or jury determines who wins the case and, if it’s you, how much the defendant owes in damages. Earnings are awarded based on economic and non-economic damages, which are as follows:
- Economic: losses that can be totaled up, such as medical bills, lost wages, and future medical expenses.
- Non-economic: pain and suffering, mental and physical anguish, and trauma endured.
8. Appeals Not every person involved in a premises liability claim has to go through the appeals process, but this is an optional step you can take if you lose your case. Your attorney will take control of the appeals process as they did in your case and work to help you seek compensation for your needs again.
Start Your Free Consultation with our Palm Beach County Injury Lawyers
Our injury firm in Boynton Beach offers a free, no obligation consultation to those injured in a slip and fall accident. We will try to assist you in receiving the best care and compensation that you rightfully deserve. Therefore, if 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
561-701-9992 or use our
Contact Form to set up a free consultation.