Slips and falls are the leading cause of brain injuries and hip fractures in America. In stores and other places of business, customers become severely injured because of refrigerator or merchandise leaks, spills, or other conditions that violate the duty of care owed by the premise’s owner or renter. Most of these types of falls are due to improper maintenance and safety measures to protect patrons and guests.
Premise liability cases can arise out of falls on sidewalks, stairways, and swimming pools, not just on slippery floors. Business invitees are owed a high standard of care by property owners and lessees. Although there is a lower standard of care owed to a trespasser on property, still, a business owner cannot set traps for trespassers, as they are owed a minimal duty of care as well.
The law in Florida governing slip and fall actions is complex as it relates to transitory substances on the floor or ground. Therefore, the burden of proof can be difficult. The plaintiff must prove that a dangerous condition existed, was known, and was allowed to remain on the premises. It is not enough to prove that the dangerous condition existed, but you also must show that the owner, lessee, or possessor of the property had knowledge of the condition, had time to fix the problem, and failed to fix it. For a person just entering a store, restaurant, stairway, or grocery aisle, it can be very challenging to prove how long a condition existed before you got there.
The Crenshaw Law Firm will investigate the facts of your case, including gathering relevant maintenance records and procedures as well as documents related to previous slip and fall incidents at a particular place of business. If you are injured in a slip or trip and fall incident, do the following as soon as you are able:
- REPORT YOUR FALL TO THE BUSINESS. An incident report will help record your version of what happened. Although you may not be given a copy of the report at the time, your attorney may be able to obtain it at a future point in your case.
- TAKE PICTURES OR VIDEOS. A picture is worth a thousand words! A photograph or video of the scene and condition that caused your injury may go a long way to prove your case.
- GO TO THE DOCTOR. Get treatment for your injuries immediately, even if at the time of your fall you feel like you only have minor injuries. Often, you may not notice or feel the full extent of an injury until after the excitement and adrenaline from the incident wears off, which may be hours or even a day or two later. An immediate doctor’s visit will give more credibility to your case.
- CALL THE CRENSHAW LAW FIRM. Slip and Fall Lawyer André Crenshaw has the knowledge and experience to help you maximize your recovery for medical expenses, lost wages and earning capacity, pain and suffering, mental anguish, and more. Contact us to discuss your case and how we may be able to help you!