slipfall

What Can Happen When Floridians Slip and Fall

 

A lot of people don’t take slip and fall injuries very seriously, but they are incredibly common and often have devastating results.

Case-in-point: they are a leading cause of emergency room visits in Florida.

 

Now, this doesn’t mean that every single fall someone experiences leads to a severe injury. Exactly what harm results from an individual fall depends upon the force and distance of the fall, the surface that the victim falls on, and how the victim lands. Some of the most common injuries, however, involve the back, spinal cord, hip, and head.

 

Below, we’re going to go over several common – and serious – injuries that can result from a slip and fall.

 

 


Back injuries

 

Back injuries are some of the most common slip and fall injuries, and can leave victims debilitated for long periods of time – and potentially permanently. Compression fractures of the spinal vertebra may occur, especially in persons over 50 who suffer from osteoporosis or other conditions that weaken the bones. Slips and falls can also lead to a slipped or herniated disc, which can be painful and debilitating if left untreated.

Additionally, injuries to the back can lead to severe chronic pain, and may even make victims unable to work, resulting in lost wages. Seeking treatment and rehabilitation as soon as possible after a back injury can minimize lasting impacts.

 

Spinal cord injuries

 

The spinal cord is a bundle of nerves that runs down the middle of the back. Injury to the spinal cord disrupts communication between the body and brain, and in the worst cases can even leave victims partially or fully paralyzed below the point of the injury.

Spinal cord injuries originating from slips and falls are typically caused by fractured vertebra that damage the spinal cord tissue or compress nerves, preventing the transmission of neural signals.

Injuries to the spinal cord are some of the most serious slip and fall injuries, as victims can be left permanently disabled. This can compromise quality of life, and results in high medical bills and lost wages, meaning that victims are unable to provide for their families.

 

Hip fractures

 

Of all fractures that can result from slips and falls, hip fractures lead to the greatest number of lasting health problems and deaths. Hip fractures may be more common in elderly victims with osteoporosis or other diseases that compromise bone strength. These types of injuries almost invariably require costly surgery to repair the break and potentially replace the hip.

 

Traumatic brain injuries

 

Did you know that falls are the most common cause of traumatic brain injuries, especially in young children and persons over 65? Approximately 2.5 million people suffer from traumatic brain injuries annually, and over 50,000 die from these injuries.

Thankfully, most traumatic brain injuries are mild and do not result in lasting damage, though any head injury should be considered a medical emergency, as imaging is necessary to rule out hemorrhaging on the brain. A severe traumatic brain injury can lead to loss of motor skills, cognitive impairment, memory loss or even death. Moreover, costly medical bills are likely, particularly if the patient is uninsured.

 

 


 

 

Hold Responsible Parties Accountable for Slip and Falls That Occur Due to Negligence

 

Here’s the good news: slip and fall injuries are often preventable. They tend to occur due to unsafe conditions.

 

Boca Raton Slip and Fall Lawyer

 

This means that if you have suffered a slip and fall injury on someone else’s property, you may be able to seek damages to cover your medical bills, lost wages and other expenses. A personal injury attorney can determine whether filing suit may be appropriate, and help you get the compensation you deserve.

 

 

 

workers compensation injury law firm south florida

Three Most Common Florida Workers Compensation Injuries

 

 

If you have suffered an injury while on the job and accrued medical expenses or been forced to miss work as a result, you may be eligible to file a workers’ compensation claim to cover your expenses. If your loved one died as a result of a workplace accident, you may also be eligible to receive benefits.

 

However, before you accept any settlement, it is prudent to consult with an aggressive Florida workers’ compensation attorney to make sure that you have received the maximum benefits and the compensation you deserve for your injury. Workers’ compensation claims can be filed for many reasons, but here are some of the most common workers’ compensation injuries in Florida.

 

Overexertion

 

Physical overexertion is a common cause of workers’ compensation injuries. This usually results from conducting a repetitive task (for example, factory work) too many times and without adequate rest, from lifting heavy objects, or from working in a non-ergonomic position.

 

Most overexertion injuries begin with acute pain (such as back pain), and can easily be resolved if they are treated and working conditions are improved. However, failure to address overexertion can result in chronic, debilitating conditions.

 

If your employer has required that you work in conditions that result in overexertion injuries, advise your employer or seek guidance from a workers’ compensation attorney on how to properly file a claim. Make sure that you know your rights and have consulted a workers’ compensation lawyer, who can help you determine what is your best course of action.

 

Slips, Trips, and Falls

Slip and fall cases are eligible for a workers’ compensation claim so long as they happen during the course of employment.

A slip, trip, or fall accident occurs when a worker slips on a smooth surface, trips over something, or otherwise falls, either directly to the ground or from a raised surface such as a ladder or staircase. The most common workers’ compensation injuries resulting from these accidents are back, spinal cord, neck, arm, wrist, leg, and foot injuries. These injuries are often painful and debilitating, so may force you to miss work while you recover. A skilled workers’ compensation attorney can advise on how to pursue lost wages and medical treatments.

 

Boca Raton Workers' Compensation Lawyer

 

 

 

Struck By or Against Object

 

If you are struck by or against an object, such as machinery, vehicles, another worker, tools, or other objects, you may sustain a serious injury. The type of injury resulting from these accidents depends upon what you are struck by, where you are struck, and the amount of force with which the object strikes you. Some of the most common injuries are hand or foot injuries, head injuries, and back or neck injuries. If you fall as a result of being struck, you may also sustain injuries from the fall.

 

A workers’ compensation claim is fairly common in these cases, which your workers’ compensation attorney can help you file. However, if this accident occurs due to unsafe conditions, like faulty equipment, a personal injury lawsuit may also be applicable.

 

The best way to know for sure whether or not you have a viable case? Talk to a knowledgeable and local Ft. Lauderdale attorney with experience handling Workers’ Compensation claims as well as third-party claims. When you have good legal counsel by your side, you can rest assured that your rights will not be taken away from you. The South Florida Injury Law Firm is conveniently located in Fort Lauderdale, Florida. Our attorneys have successfully represented clients throughout Florida, including Broward County, Indian River, Okeechobee, Martin County, Palm Beach, West Palm Beach, and other cities and counties.

 

 

 

attorney fights for you

The Injury Law Firm Continues Fighting for You

Accidents haven’t stopped,
so we haven’t either.

We’re successfully navigating the ongoing pandemic by serving clients remotely and taking on your personal injury cases.

 


 

Communicating with Our Clients

As the pandemic has pushed law firms across the country to close down their offices, The South Florida Injury Law Firm has never stopped working. We know that you rely on us to provide professional legal services, which is why we made it a priority to use the right tools to help us work with our clients remotely.

 

 

[icons size=’fa-2x’ custom_size=” icon=’fa-phone’ type=’circle’ position=’left’ border=’no’ border_color=” icon_color=’#ffffff’ background_color=’#b11f35′ margin=” icon_animation=” icon_animation_delay=” link=” target=’_self’] By Phone

For immediate attention, our attorneys are always available to help by cell phone and text message. 

 


 

[icons size=’fa-2x’ custom_size=” icon=’fa-envelope’ type=’circle’ position=’left’ border=’no’ border_color=” icon_color=’#ffffff’ background_color=’#b11f35′ margin=” icon_animation=” icon_animation_delay=” link=” target=’_self’] By Email

Just as we’ve always done, our team is working with clients through email. 

 


 

[icons size=’fa-2x’ custom_size=” icon=’fa-video-camera’ type=’circle’ position=’left’ border=’no’ border_color=” icon_color=’#ffffff’ background_color=’#b11f35′ margin=” icon_animation=” icon_animation_delay=” link=” target=’_self’] By video conference

Our firm is able to offer help to potential clients by having virtual meetings through Zoom and enabling face-to-face communication. Video conferencing makes it more efficient to talk to not only clients but our staff too as we manage the law firm remotely. 

 


 

 

 

 

Serving South Florida

In Florida, Broward County tops the charts with the most auto accidents of any county. These accidents impact thousands of residents each year, but many victims aren’t sure what to do about their injuries or damaged property. Trying to get help from their car insurance company proves frustrating and they often accept wholly undervalued settlement offers.

 

 

The South Florida Injury Law Firm proudly serves Dade, Broward and Palm Beach Counties

 

 

Collecting Signatures

We’ve gone paperless! Given recent social distancing guidelines, we’re using the latest tech to help collect signatures safely and remotely. Do you think you have a case? Right now, we’re able to help you securely sign up from the comfort of your home using e-signature technology, Docusign. You won’t have to worry about showing up in person again.

 

 

 

connecting with south florida injury law

Online Presence

We’ve always believed in having a strong online presence to offer information to potential clients in any of their desired outlets.

 

Our website is easy to find and navigate so you can learn more about the legal services we offer, our attorneys, and results. You can also find all our contact information on our website and social media platforms. And if you think you have a case, you may fill out our convenient online form for a free case evaluation.

[gravityform id=”20″ title=”false” description=”false”]

 

 

 


You can also find all our contact information on our website and social media platforms.

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”1/5″][/vc_column][vc_column width=”1/5″][social_icons type=”circle_social” icon=”fa-facebook” use_custom_size=”no” size=”fa-2x” link=”https://www.facebook.com/TheInjuryLawFirm/” target=”_parent” icon_color=”#ffffff” icon_hover_color=”#dd3333″ background_color=”#dd3333″ background_hover_color=”#ffffff” border_color=”#ffffff” border_hover_color=”#dd3333″][/vc_column][vc_column width=”1/5″][social_icons type=”circle_social” icon=”fa-instagram” use_custom_size=”no” size=”fa-2x” link=”https://www.instagram.com/theinjurylawfirm/” target=”_parent” icon_color=”#ffffff” icon_hover_color=”#dd3333″ background_color=”#dd3333″ background_hover_color=”#ffffff” border_color=”#ffffff” border_hover_color=”#dd3333″][/vc_column][vc_column width=”1/5″][social_icons type=”circle_social” icon=”fa-twitter” use_custom_size=”no” size=”fa-2x” link=”https://www.instagram.com/theinjurylawfirm/” target=”_parent” icon_color=”#ffffff” icon_hover_color=”#dd3333″ background_color=”#dd3333″ background_hover_color=”#ffffff” border_color=”#ffffff” border_hover_color=”#dd3333″][/vc_column][vc_column width=”1/5″][/vc_column][/vc_row]

 

 

Let Us Handle Your Case Remotely

The South Florida Injury Law Firm continues fighting for you anytime, anywhere. Our attorneys are happy to speak with you by phone or video conference without having to worry about going out to another public place and risking exposure.

To contact an accident lawyer, you can call The South Florida Injury Law Firm anytime at (954) 488-JEFF – we’re available seven days a week, 24 hours a day. Complete our online form to get a free case evaluation. Remember, the consultation is completely free! That means you don’t owe us anything until we recover for you.

Floridians: Learn How Drinking Impacts Your Slip and Fall Claim

Floridians: Learn How Drinking Impacts Your Slip and Fall Claim

Floridians: Learn How Drinking Impacts Your Slip and Fall Claim

If you recently suffered injuries from night out on the town, you know that slip and fall injuries are no joke. People have received millions of dollars in compensation after slipping and falling at a store or a bar. Maybe you want to pursue one of these lawsuits yourself. After all, the medical bills are starting to pile up.

Before you start to build your case, we have one question to ask: were you drinking when you fell? (There tend to be a lot of slip and fall cases right around St. Patrick’s Day and other big drinking holidays.)

If the answer is yes, you might have a harder time getting the compensation you need to pay for your injuries.

What Does Florida Law Say about Getting Injured While Drunk?

When you take a slip and fall case to Florida personal injury courts, a judge will look over the defendant’s role in the situation and how they could have possibly prevented the injury and kept you safe. However, the judge will also look at how you, and the state of mind you were in at the time of the accident, contributed to the fall.

Additionally, Florida has specific rules about how alcohol plays into slip and fall cases:

“In any civil action, a plaintiff may not recover any damages for loss or injury to his or her person or property if the trier of fact finds that, at the time the plaintiff was injured:

  1. The plaintiff was under the influence of any alcoholic beverage or drug to the extent that the plaintiff’s normal faculties were impaired or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher; and
  2. As a result of the influence of such alcoholic beverage or drug the plaintiff was more than 50 percent at fault for his or her own harm.”

In other words, if the defendant can present evidence that your BAC was .08 or higher at the time of your accident or show that you were at least 50 percent at fault, your case may be thrown out.

What Does Florida Law Say about Getting Injured While Drunk?

Receipts from the bar or eyewitnesses may validate the assumption that you were over the legal driving limit. Luckily, most store owners don’t have a Breathalyzer on hand for slips and falls, so there are still opportunities to fight this claim.

Comparative Negligence and Alcohol in Florida Injury Cases

Even if you didn’t hit a .08 BAC, alcohol can be a contributing factor in your slip and fall. Alcohol has a serious impact on motor skills and judgment. If the defendant can show that the effects of alcohol contributed to your slip and fall, you could lose your case – and you will almost certainly lose a portion of damages recovered.

What does that mean?

Judges presiding over Florida slip and fall cases make their decisions based on comparative negligence rules. This means that if even a percentage of blame could be placed on the plaintiff, they won’t get the full amount of damages for their injuries.

If a lack of judgment from alcohol is considered 25% of the cause of the slip and fall, the judge may only give the plaintiff 75% of the compensation they asked for when they initially filed the claim – even if they win.

In other words, if you win your case and get an award of $100,000, that will be reduced by 25% to $75,000.

Comparative negligence is an important concept to understand when you are filing a slip and fall claim in general – intoxication isn’t the only factor that can contribute to slips, falls, and the resulting damages. The following factors may also chip away at the damages you recover from your claim:

  • Poor footwear (slippery shoes, open toes, etc.)
  • Breaking the rules of the property (dancing on the table, running in places where it is not allowed, etc.)
  • Getting distracted by things within your control (your phone, music in headphones, etc.)
  • Ignoring signs or warnings from staff members about slippery or hazardous conditions
  • Failing to treat injuries right away, which causes more severe damages or injuries

What’s Next for Floridians Who Fell and Got Hurt While Drinking?

This blog post isn’t meant to scare you out of filing a lawsuit and getting the compensation you deserve. We offer you this information to inform you and give you an idea about what evidence you might need to win your claim.

No one wants to lose their slip and fall case. You may need to shift your strategy from focusing on the property’s negligence to focusing on how you can fight claims that you were intoxicated at the time of your accident.

Feel like you’re fighting an uphill battle? Reach out to a personal injury lawyer. They can help you navigate your case, fight claims of intoxication, and build the best strategy for your situation.

Florida Slip and Fall Injury Claims Lawyer

If you can prove that the property owner was still negligent in their duties to keep you safe, a drink or two in your system may not get in the way of a settlement. Get the compensation you deserve and start building your case today!

 

 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

You Fell and Got Hurt at a Club on New Year's – Can You Sue in Florida?

You Fell and Got Hurt at a Club on New Year’s – Can You Sue in Florida?

You Fell and Got Hurt at a Club on New Year's – Can You Sue in Florida?

For many people, the last night of the year is the most fun. You dress up, get together with all of your friends, have some booze, hit the clubs, and ring in the new year.

What happens when your New Year’s Eve isn’t so fun, though?

We’re not just talking about hangovers. Sticky floors, spilled drinks, and low lights can be a recipe for disaster. If you slipped and fell at a club while celebrating New Year’s this holiday, you may be facing more than just a headache at the beginning of 2019.

Slip and fall cases are some of the most common premise liability cases in the field of personal injury law. How do the rules of slip and fall lawsuits apply to accidents that occur in nightclubs and other places that pose greater risks? Let’s explore.

Florida Slip and Fall Lawsuits: The Basics

Before we talk about nightclubs specifically, let’s zoom out. What does a Floridian need to file a lawsuit against any property where they slipped and fell?

Duty: Property owners owe a certain duty to keep visitors or patrons safe. Mall owners have a duty to maintain the walkways, parking lots, stairwells, and so on. Grocery stores and restaurants need to make sure spills are cleaned up quickly.

Breach of Duty: The next step is to prove that the defendant neglected to fulfill their duties. In many slip and fall cases, the defendant saw a hazard (a spilled drink, uneven floors) and simply ignored it. This hazard created an unsafe environment for patrons.

Injury: In order for the plaintiff to win their case, they will have to prove that the breach of duty (and therefore, the defendant’s neglect) is what caused their injury. In other words, you would need to show that your slip and fall due to the wet floor resulted in your injuries rather than them coming from somewhere else.

 

South Florida Slip and Fall Lawyer

Damages: It’s not enough to get injured. You also need to be able to prove that your injuries resulted in financial losses for you, or damages. For example, you can receive compensation for medical bills and loss of income if you are able to show that they were due to the injury.

How Slip and Fall Injuries Work in a Florida Nightclub

In broad daylight, it’s easy for employees or property owners to recognize a hazard and take appropriate action. In a dark, crowded nightclub, though, how are staff able to recognize every time a drink spills and rush to clean it up?

Florida courts take into consideration the fact that property owners and employees have a duty to their patrons within reason. It is probably unreasonable to argue that a nightclub owner should clean up every spill throughout the night within moments of them occurring. However, it should be reasonable for nightclub owners to enforce rules that prevent slip and fall hazards.

This is what happened in Feris v. Club Country of Fort Walton Beach. In this case, a patron filed a lawsuit after they slipped and fell on the dance floor. The defendant won the case “because there was circumstantial evidence of “active” negligence by employees of the premises (i.e., not enforcing the rule against allowing drinks on the dance floor), a recurrence of spills on the dance floor, and the existence of liquid on the floor for a sufficient amount of time.”

In plain English, the club had a rule that patrons could not bring drinks on the dance floor. This rule was put in place to keep patrons from slipping, falling, and hurting themselves. However, negligence occurred when the staff saw patrons breaking the rules and did nothing about it. By ignoring those rules, the employees put patrons at risk and breached their duty to keep everyone safe.

This is not the only case when victims can sue for negligence. If, for example, you fell down a flight of broken stairs at a club, you would likely be able to file a lawsuit. Likewise, if the club failed to warn patrons that the floor would be sticky after a “foam party,” you might be able to file a lawsuit.

What to Do If You Want to Win Your Florida Slip and Fall Lawsuit

Now that you know you can sue, the question becomes: what next?

Likely you will want the experience and knowledge of a good Florida personal injury lawyer. Before you even contact them, though, there are things you can and should do.

Boca Raton Slip and Fall Injury Attorney

Make sure you seek medical attention for your injuries as soon as possible. Collect as much information as you can about the night and the specifics of the situation. Seek out witnesses and other evidence (maybe someone took a video on their smartphone).

The more you can prove, the likely you are to win your case and get yourself the compensation you need and deserve.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

These are the Most Common Ways That Kids Get Hurt in Florida

These are the Most Common Ways That Kids Get Hurt in Florida

These are the Most Common Ways That Kids Get Hurt in Florida

As a parent, you care about your child and you look out for their well-being. However, you may not be aware of which types of injuries occur the most often for Florida kids, and that’s something that can be the difference between avoiding an accident and spending time in the hospital.

Children are treated every day in US hospitals for all kinds of injuries. In fact, over 9 million children visit emergency rooms for injuries each year. In this post, we’re going to detail the most common injuries that happen to kids and what you can do to keep your child safe.

The most likely reasons that your child could need medical care for injuries are:

Choking

Since young children tend to put everything in their mouths as they explore the world, choking injuries are a constant threat in the first few years of life. Babies and toddlers need careful supervision, since unlikely items can get into their mouths in mere seconds. Be sure to keep all small items out of reach.

Mealtimes present choking hazards to children of all ages. You must avoid giving hard foods like candies, raw carrots, or nuts to children under the age of six, since those foods present particular dangers for children without molars. Until your child can cut his or her own food into small pieces, do that job for them.

Drowning

With all the access to water in Florida, it’s essential for parents to train children in water safety from a very young age. Drowning is the number one reason for death among children between the ages of one and four years. You must be vigilant any time your child is near water, no matter how shallow the water may be.

Even an inch of water is enough for a small child to drown in. Do not allow your young child to be near water without constant supervision. Make sure that pool gates and doors are locked and not able to be opened by a child. Also lock pool covers when the pool is not being used, because even older children can drown if they get trapped under the cover.

Boca Raton Swimming Pool Accidents

As soon as your child is old enough, sign him or her up for swimming instructions. Kids must always wear a vest when on a boat, and you must supervise them closely when you are out on the water. Teach your child water safety habits to minimize the risk of drowning.

Falls

Children love to climb, whether it’s on playground equipment or trees. Many love to ride bikes and explore the outdoors. Unfortunately, these childhood times of delight also present countless falling dangers. Since falls are the top reason for injuries to children under the age of 15, it’s important to teach your children safety measures to prevent falls.

Start inside your home. You can prevent slip and fall injuries by removing loose rugs and keeping floors free from clutter.

When outdoors, choose playgrounds with a bouncy surface to minimize injury. Insist that your child wear a bike helmet on every ride.

You can greatly reduce the risk of serious injury with these precautionary measures.

Poisoning

The family medicine cabinet is a common source of poisoning in Florida homes. Keep your medicine cabinet secured and monitor its contents on a regular basis.

Household chemicals can also poison children. Place toxic chemicals out of your child’s reach and make sure they are clearly labeled as hazardous. Teach your child which chemicals must be avoided to prevent poisoning.

Sports Injuries

Your child will likely experience minor injuries like bruises or sprains while playing sports at some point. Some sports injuries, like concussions or ligament tears, can require physical therapy, surgery, or other ongoing treatments. It’s important to seek medical treatment for sports injuries, whether they’re major or minor.

Your child will be safer if he or she is hydrated and well-rested before engaging in any strenuous physical activity. Make sure that your child has frequent breaks and takes time off between seasons to prevent injuries.

Suffocation

Babies under one year of age are in the highest risk group for suffocation. You must properly place your child in a crib with no blankets, toys, or other objects to prevent suffocation.

It’s also essential to keep plastic bags away from babies and toddlers, who can suffocate in mere moments if not supervised.

Boca Raton Child Injury & Accident Attorney

Obviously, these are just some of the many, many different ways kids can get hurt. Toys can be defective and result in harm. They can be in car crashes. The list goes on and on. All you can really do is be aware of the most likely injury scenarios and prepare both yourself and your children so that they engage in safe practices.

 

 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

These Are the Places Floridians are Most Likely to Slip and Fall

These Are the Places Floridians are Most Likely to Slip and Fall

These Are the Places Floridians are Most Likely to Slip and Fall

Slip and fall accidents are no joke – in fact, they frequently land Floridians in the hospital.

In this post, we’ll tell you the most common areas that lead to slip and fall accidents, what kinds of places they are most likely to occur, and what to do if you are injured.

Common Areas for Slip and Fall Accidents

Slip and fall injuries account for over eight million visits to U. S. emergency rooms every year, which is the number one reason for hospital visits. The most common places for slip and fall accidents are:

Cluttered areas

Tripping hazards include area rugs, cords, toys, shoes, books, clothing, and other objects.

Unstable or uneven surfaces

If flooring is not inspected and replaced on a regular basis, the risk of slip and fall injuries rises.

Areas with heavy foot traffic

These areas experience more wear and tear than average areas.

Unsecured heights

High areas should be blocked by barriers, roping, or fencing to prevent slips and falls.

Ladders

Many injuries are due to improper ladder placement and use.

Ramps

Ramps need to be kept clear and clean for safest use.

Stairwells

A narrow, broken, wet, unlit, or cluttered stairwell presents a high risk for slips and falls.

Slippery or wet areas

Freshly mopped or waxed floors must be cordoned off, and spills need to be cleaned up as soon as possible.

If you have a slip and fall accident due to another person’s negligence in any of these areas, you may be able to file a personal injury lawsuit to recoup your expenses.

Common Locations for Florida Slip and Fall Accidents

These are the most common locations with areas that can present slip and fall hazards in Florida.

Workplaces

If you experience a slip and fall injury at work, it may be fully covered by workers’ compensation. However, it’s wise to consult with an attorney to know if you are receiving fair compensation for your injuries.

Private Homes

A slip and fall injury in this situation can be tricky to litigate, so it’s best to consult with an attorney right away.

Rental Housing

In certain circumstances, the rental property owner may be liable for your slip and fall injury sustained in a rental housing unit.

Nursing Homes

Florida is home to many seniors, and numerous slip and fall accidents occur inside nursing homes and assisted living facilities.

Hotel or Resort

If a hotel or resort was negligent in a way that caused your slip and fall accident, you may have grounds for a personal injury lawsuit.

Small Business

Check with an experienced attorney to see what your rights are regarding a slip and fall at a small business.

Retail Store

Slip and fall accidents in retail stores can present complicated legal challenges. If you were injured in a retail store, you need the help of a knowledgeable lawyer.

Public Space

If a government entity’s negligence caused your slip and fall injury, you may be eligible to file a claim under strict filing regulations. Contact an attorney for more information as soon as possible if your injury occurred in a public space.

SOuth Florida SLip and Fall Injury Lawyers

Watch out for these places and you’ll be less likely to suffer a slip and fall accident. However, even the most careful and prepared individual can stick have an accident if another is negligent, so be prepared to work with a lawyer to fight for your rights if the worst does happen.

 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

St. Paddy's Slip and Fall Injury? How Floridians Can Fight Back

St. Paddy’s Slip and Fall Injury? How Floridians Can Fight Back

St. Paddy's Slip and Fall Injury? How Floridians Can Fight Back

Did your St. Paddy’s Day weekend get ruined by a slip and fall injury? You’re not alone.

 

On St. Patrick’s Day in 2017, Megan Keefe, 20, was celebrating the holiday at the Spirits Restaurant and Bar in Cleveland, Ohio. Bartender Carisa Buehner, 29, served three alcoholic drinks to the underaged Keefe.

 

Keefe proceeded to the second-floor balcony and fell when it gave way. She hit her head on a granite surface and suffered severe head injuries as a result.

 

Now Keefe’s family has filed a lawsuit against the bar, building owners, and security guards, alleging that their negligence has caused injuries that resulted in over $1 million in medical bills.

 

Sadly, there are lots of stories like this.

 

In this post, we’ll give you examples of common reasons for St. Patrick’s Day slip and fall accidents, and how you can fight for compensation if your accident was due to another’s negligence.

 

Reasons for St. Patrick’s Day Slip and Fall Accidents

 

There are all kinds of reasons why people fall and hurt themselves on St. Patrick’s Day, and many of them may be due to the actions – or inactions – of another. This is particularly common in “party” venues like bars and clubs.

 

Here are several ways that a venue’s actions can lead to a slip and fall injury:

 

  • Spills or leaks were left on the floor and not cleaned up in a reasonable amount of time
  • Wet floors were unmarked
  • The dance floor was slick due to too much wax
  • The floor was cluttered
  • Floor tiles were broken or loose

 

Any of these could be reasons that your slip and fall accident occurred, but there are specific legal requirements that must be met. Check with an experienced personal injury lawyer regarding the details of your unique situation to see if you have a viable case.

 

Holding Someone Responsible for Negligence in a Florida Slip and Fall Case

 

You can win a slip and fall case if your attorney is able to prove that the potential hazard, such as a spill, was known, yet not corrected in time, and that the hazard in question caused your accident. State law requires that the entity knew about the situation ahead of time but failed to correct it.

 

In other words, you can’t file a lawsuit for spilling a drink and immediately falling because of it.

 

Florida Statute 768.0755 reads:

 

“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. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) 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; or
(b) The condition occurred with regularity and was therefore foreseeable.”

 

If your case meets these conditions, you may be able to file a lawsuit.

 

Get compensation for your injuries

 

If you are ready to hold an individual or entity responsible for your St. Patrick’s Day slip and fall accident, a knowledgeable Florida personal injury attorney can help.

 

Personal INjury Lawyers in Boca Raton

Don’t wait, though – the statute of limitations in Florida says that people have four years from the time of the incident to file a case. Call today for a free consultation with an experienced slip and fall attorney.

 

 

About the Author: 

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Why So Many Floridians Suffer Falls on Halloween

Why So Many Floridians Suffer Falls on Halloween

Why So Many Floridians Suffer Falls on Halloween

Halloween is fun for kids and adults alike. Most of us have fond memories of trick-or-treating as children, and look forward to taking our own children out to load up on sweets. The fun for adults starts after the porch lights go out and Halloween parties begin. Unfortunately, both of these festivities increase the risk of injuries, including slips, trips, and falls.

 

So what causes Halloween fall injuries, and how can they be prevented? Moreover, if you are injured on someone else’s property, how can you take action?

 

What Causes Halloween Fall Injuries?

 

Fall injuries are common for trick-or-treaters and partiers alike due to a number of factors, most of which are preventable.

 

For both young and old, costumes can significantly increase the risk of falling. Costumes that drag on the ground can easily be tripped on or become caught on decorations. People also tend to wear ill-fitting footwear with costumes, which can increase the risk of tripping. Finally, masks impair visibility, which can lead to increased risk of tripping over objects or on stairs, especially in the dark.

 

Trick-or-treaters are also often caught up in the fun and excitement of festivities, so may be more likely to trip on hazards such as uneven sidewalks or poorly-lit stairs. Further, Halloween decorations may pose an additional fall hazard.

 

During adult festivities, alcohol intake may impair the coordination of party guests, making falls more likely. Slip and trip hazards such as spilled drinks and discarded cups are also common at parties.

 

Protecting Yourself and Your Trick-Or-Treaters

 

To reduce the risk of costume-related fall injuries, ensure that costumes and footwear are properly fitted, and avoid trailing costumes that drag on the ground. Face paint or makeup may be a safer alternative to masks, but if masks are worn, ensure that they have properly fitted eyeholes.

 

For trick-or-treating, encourage children to carry flashlights, and closely supervise younger kids. Don’t allow younger ones to approach poorly-lit houses, and if a house is crowded with other trick-or-treaters, consider coming back later.

 

If you’ll be partaking in adult festivities, be sure not to overindulge in alcohol, and have a plan ahead of time to avoid Halloween drunk driving.

 

Preventing Fall Injuries on Your Property

 

To prevent trick-or-treater fall injuries, ensure that your front yard and porch are well-lit, and that there aren’t any uneven patches of sidewalk. If you have steps on your porch or walkway, install torch lighting, or use lighting decorations to light the way. Also be sure that any decorations are kept clear of walkways.

 

South Florida Halloween Injuries

If you’ll be hosting a party, check your house for slip, trip, and fall hazards ahead of time. During the festivities, make sure that any spills or debris are quickly cleaned up. If guests have begun to overindulge, politely encourage them to switch over to water.

 

If You Suffer an Injury

 

Most of the time when we trip and fall, we dust ourselves off and have a laugh at our own expense. However, fall injuries can also be quite serious, and are in fact are the third leading cause of unintentional death in the US.

 

Property owners are responsible for the safety of any guests invited onto their property, and for preventing unsafe conditions that could lead to injuries. If you or a loved one suffers an injury due to unsafe conditions, the property owner should be held liable for this negligence.

 

A personal injury attorney can advise as to whether seeking damages is appropriate for your case, and help you get the compensation you deserve for your injuries. Get in touch as soon as possible.

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Florida Woman Loses Slip and Fall Case – What You Need to Prove

Florida Woman Loses Slip and Fall Case – What You Need to Prove

Florida Woman Loses Slip and Fall Case – What You Need to Prove

People slip and fall every day, but they don’t necessarily think they have a lawsuit on their hands.

 

Delores Arp of Palm Beach County, however, absolutely believed she had a valid slip and fall lawsuit when she tripped on a loose paver stone at Waterway East Association, Inc. Arp was walking back to her house, and she used W.E.’s shopping area property as a shortcut – a cut-through many people had used before.

 

W.E. affirmed that Arp was not a customer at the shopping area, and that they therefore did not owe her any duty of care. Moreover, they argued that they weren’t responsible for maintaining that particular area of the walkway.

 

Arp said she was an “implied invitee,” but the courts disagrees. They said an invitee “has an objectively reasonable belief that he or she has been invited or is otherwise welcome on that portion of the real property where injury occurs.”

 

In fact, the court stated that Arp was actually an uninvited licensee, which means she came to the property “solely for (his or her) own convenience without invitation either expressed or reasonably implied under the circumstances.”

 

Basically, because Arp was not on the property to visit the stores, but rather just using the property as a walk through, W.E. had not duty to keep her safe. These types of details are important to slip and fall suits, and Arp’s case highlights what you need to prove to have a valid slip and fall claim.

 

Let’s review the necessary elements of a valid slip and fall.

 

Understanding Florida Slip and Fall Cases

 

Slip and fall cases cover various accidents that can possibly occur on someone else’s property. You might slip on a wet floor in a grocery store, stumble down a poorly lit staircase in an office building, or fall in a number of other ways. These types of accidents aren’t usually serious – just a few cuts and bruises – but a more serious slip and fall could result in severe injury and hefty medical bills.

 

If you were involved in a slip and fall accident, there are a number of important things to know. The statute of limitations in Florida is four years from the date of injury. That means that after four years you won’t be able to file a suit. So it’s important to handle your case in a timely manner.

 

Beyond this, slip and fall cases come down to the details. You need to prove three things to the Florida courts:

 

Boca Raton Slip and Fall Lawyer

  1. The property owner owes a “duty of care” to you. If you are invited onto the property, the property has to be safe. Being invited doesn’t require a formal invitation, though. Simply being open for business means that a company is inviting you to come in and shop.
  2. The property owner didn’t use “reasonable care” to safely maintain the property. Depending on the circumstances, the court has the ability to decide what “reasonable” means to each particular case.
  3. Due to the property owner’s negligence of reasonable care, you were injured.

 

If you or a loved one have been invited to someone else’s property and were injured in a slip and fall accident, reach out to an experienced Florida personal injury attorney to see if you might be entitled to compensation.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.