Slip and Falls – Ways to not make a bad situation worse in the Miami Area and Florida!
You should read this blog because a slip and fall can happen to anyone, anyplace and at any time. For example, a bathroom at a movie theater, a department store, a service station or almost anywhere the injured party has a right to be. The accident can be caused by a foreign substance, defect or negligently maintained premises. Although outside the scope of this blog there are “static” and “transitory” conditions that may give rise to liability on the part of the property owner or entity in control of the premises.
A static condition or defect can be defined as something which is not inherently dangerous in and of itself. Static conditions or defects are typically found in places where such conditions or defects are expected. Examples are cracks in sidewalks, depressed areas in pavement, manholes, curbs, drainage culverts, etc.
The second type of slip and fall revolves around transitory substance accidents. If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove the following:
- That the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.
- The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition.
- The condition occurred with regularity and was therefore foreseeable.
In Florida, if you slip and fall on a liquid or solid substance, item or object located where it does not belong 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 cannot prove this, you may have difficulties proving your slip and fall case and won’t be awarded damages.
The following are steps to take immediately after you have been involved in a slip and fall.
Report the accident to appropriate personnel – obtain a copy
- Take photos or videos of the accident
- Obtain names and contact information of any witnesses
- Get medical treatment as soon as possible
Shortly After the Accident – Insurance/Claims Personnel Contact
- DO NOT EVER GIVE A STATEMENT WITHOUT A LAWYER.
- If you are injured in a store, you will likely find yourself pursued by the store’s insurance company or claims management company looking for you to give them all the evidence they need to defeat your claim.
- The insurance company is not on your side.
- The store is not on your side. Their goal is to collect as much evidence as possible to lower the value of your claim
- You may not even know the full extent of your injuries before they are asking you for recorded statements and evidence of how minimal your injuries might be and defeat it in a trial if a settlement is not reached. You should not help them harm you further.
If you or a loved one has been injured due to the negligence of another, you need to contact an experienced attorney now. The DRG Firm has over 40 years of combined experience winning verdicts and settlements for our clients. You can reach us 24/7 at 305-764-9907. You can also fill out the contact form on our website.
Florida personal injury, slip and fall attorneys are here to help. Do not hesitate to contact us today to protect your right. No Fees Until We Win For You.
By Marc Epstein, Esq.