Imagine you are walking into a restaurant for lunch in Miami, FL. As you pass through the front doors you notice a yellow “Wet Floor” sign out of the corner of your eye. You don’t think much of it and continue walking to the counter when all of a sudden you feel your feet slide out from under you. You can feel yourself falling backwards. You slam into the tile floor. In that moment you are extremely embarrassed and in excruciating pain. You go straight to the ER where you are diagnosed with a broken arm that will require surgery to fix. Hopefully you have health insurance and low deductible. You won’t be able to work for several weeks and may start to fall behind on your bills. Unfortunately, this is a pretty common scenario that our Kendall, FL personal injury lawyer sees all the time.
In Florida, the idea behind a personal injury claim or lawsuit is to make the person whole again. To put the person in a position as if the fall never happened. In the above example, the only way to make the person whole again is to be compensated for the medical bills, lost earnings as well as future damages. There is also a consideration of pain and suffering, which is exactly what it sounds like.
Every injury case is comprised of two (2) parts. Liability and damages. Liability is who is at fault and why. Damages are medical bills, injures, lost earning and pain and suffering. If you have one without the other, the case will fail.
Many people and even attorneys believe that if there is a “Wet Floor” is present, it automatically puts all the blame on the injured person, therefore no liability and no case. However, determining the liability is never that black and white. Many many factors go into determining who is at fault. For example, was the “wet floor” sign visible? Were there more than one sign? Did the employee take an unreasonable risk by leaving the floor so wet? Should they have dried the floor with a towel? All of these factors are just a few examples of how liability is determined in a slip and fall case.
Just because there is a wet floor sign present, does not make the injured person 100% liable for their fall. With the help of a qualified personal injury lawyer, you can overcome all of the defenses and obstacles that the insurance company’s lawyer will throw at you. Don’t assume that you don’t have case based off of what a friend or someone else told you. Companies are inviting you into their place of business to make money off of you. They are required to make their premises safe for their customers!
The most important TIPS to remember in a slip and fall:
- Report Your Fall to an Employee
- Take Photos
- Get Medical Attention
- Speak with a Personal Injury Lawyer
Our law firm is located in Kendall, Florida. We have represented hundreds of people that have been involved in slip and fall. If you have been involved in a slip and fall or know someone that has, give our Kendall, FL personal injury lawyer a call at 786-815-6296. Consultations for injury cases are always FREE. We want to help you and hold these companies responsible.
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