Slip and Fall Lawyers Serving Hobe Sound
Floridians love to have a good time. But, the sunny real estate in Hobe Sound often features various hazards. Slip and fall accidents are common and may happen anywhere. Besides being embarrassing, falling on a hard surface can cause severe injuries.
A slip may cause a wide range of injuries ranging from minor bruising to a life-altering concussion. We might not always realize the entire extent of our injuries after a slip and fall because of our humiliation, which prevents us from assessing the situation.
If you've been injured in a slip and fall accident in Hobe Sound, Frankl Kominsky Injury Lawyers can help you seek justice. We have extensive experience handling Florida personal injury cases. We'll be here for you every step of the way so that you can focus your energy on healing.
Call us at (561) 800-8000 for a free consultation with a seasoned slip and fall attorney serving Hobe Sound.What to Do After Slipping and Falling in Hobe Sound, Florida
If you've sustained injuries in a slip and fall accident in Hobe Sound, you should write down everything that happened. Ensure you get checked out by a doctor and collect as much data as possible about the incident to help you file a premises liability claim after a fall.
Below are some valuable tips to help your personal injury lawyer pursue justice against those at fault:
- Get the facts straight and see if there were any eyewitnesses to the mishap
- Take some photos of the injuries
- Ensure you get the care you need and keep track of your medical expenses
- Note down any time away from work that resulted from the accident
- Never admit fault or apologize for the accident
- Record the names and contacts of any potential witnesses
Call (561) 800-8000 to speak with a slip and fall attorney serving Hobe Sound.Slip and Fall Accidents Are Common
Even though it doesn't make the headlines, many people sustain injuries yearly in slip and fall accidents. According to the Florida Department of Health(FDOH), falls are among Florida's leading causes of accidental injury and fatalities.
The Occupational Safety and Health Administration (OSHA) reports falls as the most common cause of injury in the construction industry. Florida has programs to prevent childhood injuries, including those caused by falls and concussions. According to the Florida Department of Health, falls are the leading cause of fatal and nonfatal injuries among Floridians over 65.
Most accidents are spontaneous occurrences that catch people off guard. Personal injury is challenging, but treatment costs and time away from work aggravate the situation.
Severe incidents can happen on any property. For example, the owner may fail to properly maintain the road, walkway, entrance hall, or other common area and fail to provide adequate warning.
Slip and falls usually happen in locations like:
- Parking lots
- Construction sites
- Grocery stores
- Amusement parks
Falls are some of the leading causes of personal injuries and death while working in Hobe Sound, FL. This is especially true in the construction industry. When people fall from great heights, they often experience circumstances that others wouldn't.
While some people sustain minor injuries, everyone isn’t so fortunate. Others sustain severe injuries that change their working lives forever. Slip and fall accidents are complex cases, but our attorneys at Frankl Kominsky Injury Lawyers can help you evaluate if you are eligible to recover damages if:
- You sustained injuries because you used a faulty product from a different firm.
- You were hurt by someone who isn't a part of your company's staff.
- You got injured because of a problem with the maintenance or a flaw in the structure of someone else's property.
If the property owner in your Hobe Sound slip and fall accident created or caused the hazardous condition and failed to warn you, they may be responsible for your medical bills and other damages.
Depending on your legal standing, a Florida court will determine who is responsible for your injuries. This depends on whether you are an invited guest, a licensed user, or an unauthorized intruder.
An individual invited onto another's property has a presumption of safety on the part of the host. The host is responsible for keeping you safe when you are on someone else's property as an invited guest. They are responsible for your security, the security of your property, and for warning you of any potential threats on their premises.
People who are authorized to enter another person's property without an official invitation. However, the local state laws recognize that owners still must exercise reasonable safety precautions for the sake of their licensees.
A property owner has no responsibility to ensure the safety of intruders and trespassers. But owners still cannot knowingly install traps or otherwise create unsafe environments for trespassers. In some cases, they may also owe a duty of care to trespassers who are minors.
Although every settlement differs, personal injury settlements often feature economic, noneconomic, and punitive damages.
Below are some examples of monetary losses:
- Medical treatment
- Psychological therapy
- Physical therapy
- Lost income
- Funeral expenses
- Burial expenses
Examples of non-monetary losses are:
- Pain and suffering
- Scarring and disfigurement
- Permanent injuries
- Loss of bodily function
- Loss of family relations
Punitive damages are often awarded if a defendant's acts of negligence warrant punishment. They are also awarded when there is compelling evidence of gross negligence or malice.
Florida's Slip and Fall Laws
People slip and fall, sustaining injuries every day. However, some slip and fall accidents are caused by other people's negligence. There are three major categories of guests that get injured while on the premises of others.
The duty of care owed by a property owner can vary depending on the type of guest. An invitee is someone who has been invited onto a property, such as a business guest or a shopper.
The property owner should exercise extreme caution, conducting frequent safety checks. The property owner is obligated to safeguard a licensee, or social visitor, who is on the premises with the owner's permission but may still be at risk despite this.
A trespasser is someone who accesses someone else's property without permission. In these situations, the sole duty of care owed to a trespasser is that the property owner not actively injure them.
Therefore, a landowner or business in Florida must keep their property in a "reasonably safe condition" for guests or customers to avoid liability under the state's premises liability legislation. The owner or manager of a property has an obligation to immediately address any situations where the safety of those present may be compromised.
Premise liability allows an injured party to sue when a property owner's failure to address an unsafe condition on their property causes someone to fall and sustain bodily harm. When deciding if the property was dangerous, factors such as the type of business and the specifics of the fall must be considered.
Florida law mandates that all floors and walkways be constructed to specific specifications to ensure public safety in wet and dry situations. For example, the business or property owner is liable if they had actual or constructive knowledge of the harmful condition and should have taken measures to remedy it.
Constructive knowledge may be hard to prove. The plaintiff would have to present circumstantial evidence to prove that a dangerous condition was present for an extended period or that it occurred frequently enough to be expected. A property owner has an obligation to remedy any unsafe conditions on the property or to post appropriate warnings if they become aware of such hazards. A failure to do so could constitute carelessness.
In case of an accident or injury, property owners will typically assert that they did everything in their power to prevent it. The injured party must provide evidence that the defendant's actions fell below the required level of care.When did the risky situation become acceptable? Is there anything further that could have been done to fix the issue?
When it's not raining, or the store isn't busy, an occasional mopping of puddles may be sufficient, but the management should mop the floor more often. Were warning signs swiftly installed around a hazardous area? If so, that might work in the short term, but the property owner could still be held responsible if they don't address the issue permanently.
Courts may consider the property's general condition as a defense in slip and fall litigation. Claiming that accidents were unforeseen becomes more difficult if there is a pattern of neglecting to keep the property clean, well-lit, and manned.
Liability must be established to win a personal injury claim in Hobe Sound. Is your injury because the defendant breached a duty of care? This is not necessarily a black-and-white problem.
Your lawyer can use photos, videos, eyewitness accounts, and even expert testimony to prove that a "hazardous condition" exists, such as a spill in the supermarket or a faulty stair.
Because of the suddenness with which falls occur, the injured party may wrongly attribute blame to themselves. They may have no idea how this happened.
Consider the following aspects if you slipped and fell down a flight of stairs:
- How did you fall?
- Was there a railing, and if so, were you using it?
- Were the stairways shaky?
- Did you have something in your hands?
- What happened to make you fall?
This information is crucial in most slip and fall cases because the property owner could be to blame for some of these problems.
Other factors, including stumbling over your own clothes, may have also contributed to your injuries. When establishing fault, the state of Florida applies a comparative negligence standard. You are still eligible for compensation under this provision even if you share some of the guilt for the accident.
Statute of Limitations
It is essential to know that there are limits o how long you can wait before filing a lawsuit in your state. You risk losing your chance to sue if you wait too long to file your claim.
Anyone injured in a slip and fall in Florida has two years from the date of the incident to file a claim against the property owner. You should talk to a lawyer immediately if you think you could miss this deadline.Common Causes of Slip and Fall Accidents
There are many causes of slip and fall incidents, such as:
- Slippery floors caused by spills or slippery objects
- Uneven surfaces
- Stumbling over holes
The risks we face as we go about our daily lives, even on foot, are real. It's hardly surprising that people are often tripping over something on the floor. According to the National Floor Safety Institute, 55% of all slip and fall injuries can be attributed to unsafe flooring.
A walking surface can become a walking hazard because of the following:
- Recent floor cleaning and waxing
- Torn or curled carpeting
- Uneven floor transitions
- Damaged floorboards
- Obstacles on a staircase
- Staircases that are poorly built
- Unstable or absent handrails
- Broken walkways
- Damaged parking lots
Other common hazards include:
- Footwear: According to the National Floor Safety Institute, twenty-four percent of all slip and fall incidents are attributable to footwear. People can slip and fall at home, in public, or on the job if they wear unstable shoes or don't provide enough traction.
- Bad weather: A slip and fall are possible on wet or icy walkways. Parking lots can become slick and dangerous when rain mixes with oil leaks. Property owners must keep sidewalks in a reasonably safe condition, although it is not always possible to foresee the weather.
- Poor training: The workplace is typical for slip and fall incidents. Slippery surfaces and poor lighting are problems in some workplaces, especially in the construction and manufacturing industries. Slip and fall accidents can often be avoided with proper on-the-job training.
- Nursing home neglect: The consequences of a fall are often more severe for the elderly. The administration and staff of a nursing home must keep an eye on and help any residents living there.
As reported by the Centers for Disease Control (CDC), one in five people who fall suffers a severe injury. Common types of slip and fall injuries are:
- Broken bones and fractures: The impact of a fall can be very damaging to the bones. The risk of bone fracture increases with age. However, you may be eligible for compensation regardless of your age or health status. Fractures of the hip, wrist, and ankle are common fall injuries.
- Knee injury: The knee is a highly intricate joint. Your knee might get twisted if you fall and land on it. Knee injuries are common and often require surgery to repair.
- Sprained joints: A sprained ankle or wrist may not seem serious, but they are extremely uncomfortable. Your mobility and independence may be hampered as a result. Sprains and strains often take a long time to heal.
- Shoulder dislocations: You may reach out as you fall and hit or jar your shoulder. Shoulder dislocations and strains may necessitate surgery and extensive rehabilitation.
- Spine or nerve damage: Your muscles and breathing functions are directly influenced by your neural system. The stretching, cutting, or direct trauma sustained in a slip-and-fall event can cause nerve injury. Spinal cord and nerve injury can sometimes lead to total and permanent immobility.
- Traumatic brain injury: You could assume that a head impact is a sole thing that might cause a traumatic brain injury. But, if the fall jolts your brain, you could still have a traumatic brain injury, even if you don't hit anything.
These injuries are dangerous because you might not feel any pain or realize how bad they are straight away. Traumatic brain injuries, if left untreated, can cause other equally devastating injuries.Hold At-Fault Parties Accountable for Hobe Sound, FL, Slip and Fall Accidents
You need to safeguard your rights after a slip and fall incident in Hobe Sound, Florida. Get in touch with us at Frankl Kominsky Injury Lawyers immediately, and we'll take up your case, asking the appropriate questions to establish a solid liability case.
Negligent property owners often try to blame an accident on the victim, even if the accident was caused by the property's poor condition or a defect. The insurance company will certainly add insult to injury by denying responsibility and protecting the property owner.
At Frankl Kominsky Injury Lawyers, slip and fall attorneys serving Hobe Sound understand the challenges you're up against. Our legal team will do everything possible to ensure that the property owners are held responsible for your injuries.
Our lawyers serving Hobe Sound, FL, have extensive experience representing injured Floridians in court, so we know our way around the courtroom, how to evaluate evidence, and how the legal process works. We have the resources to prepare for a case thoroughly and the investigation expertise to establish premises liability.
At Frankl Kominsky Injury Lawyers, we handle all cases with the client's best interests in mind. We get to know the injured person and their loved ones to fully comprehend the impact the accident has had on their lives. While a financial settlement can't undo the damage done by an accident, it can ease the stress of dealing with the aftermath on both an emotional and financial level.
Call us at (561) 800-8000 or use our online contact form to set up a free, no-obligation consultation and discuss your legal options.