Slip and Fall Accidents Claims
One of the most common ways people are injured on property owned or managed by another is due to slip and fall events. This can occur because there is an uneven walking surface, perhaps due to the property owner’s failure to properly maintain the property (or warn people of the known dangerous condition).
Another common way people slip and fall on the property of others is due to a slippery substance on the floor. A Florida Statute addresses the burden of proof for these types of claims. Florida Statute § 768.0755 (entitled “Premises liability for transitory foreign substances in a business establishment”) states:
(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.
(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
In any event, the likelihood of recovery for slip and fall accidents may be affected by the status of the injured individual (whether he or she is an invitee, licensee, or a trespasser). If an individual is on the property of a business for the purposes of shopping, the owner of the property generally has the duty to use reasonable care to keep the property in a reasonably safe condition, and to warn guests on the property of dangers that the guests are unaware of or could not see or find with reasonable care. Naturally, slip and fall claims can become complex and require a thorough factual and legal analysis.
If you are injured on the property of another due to a slip and fall incident, call The Law Offices of Donald M. Kreke today.
How The Law Offices of Donald M. Kreke can Help You with an Injury You Sustained on the Property of Another Due to a Slip and Fall Accident
Once you retain us to serve as your attorneys for your slip and fall claim, we will seek to obtain compensation for your losses, which may include:
- past and future medical expenses related to the injuries you sustained in your slip and fall accident; and
- past and future lost wages associated with your slip and fall accident; and
- past and future pain and suffering from the injuries you sustained in the slip and fall accident.
Things to Do After Being Injured on Property Owned by Someone Else Due to a Slip and Fall Accident
Here are some things you should keep in mind after you are injured on property owned by someone else because of a slip and fall accident.
- Make your safety and the safety of others your first priority.
- Call the local authorities and report the accident.
- Report the accident to the owner of the property.
- Obtain an accident or incident report from the owner of the property.
- Call for medical assistance, if needed.
- Cooperate with the local authorities and other first responders during their investigation of the accident.
- Do not make statements that are outside of your expertise.
- Take photographs of the accident scene or what caused your injuries.
- Take photographs of your injuries.
- Get the name, address, telephone number, and insurance information of the person or people who caused the accident.
- Get the name, address, and telephone number for any people who witnessed the accident.
- Keep all proof that you were on the property at the time of the accident. For example, if the accident occurred in a store and you purchased something in the store, keep the receipt.
- Do not provide a written statement to the owner of the property.
- Do not sign any documents related to the accident unless they are from the local authorities, your attorney, your insurer, or your medical providers.
- Upon leaving the scene of the accident, seek medical assistance, if needed.
- Preserve the photographs you took and the documentation you acquired related to your accident. You will want to share those articles with your attorneys.
- If a representative of the owner of the property calls you, do not talk to him or her. Rather, refer that person to your attorney.
We will attempt to secure a recovery from the owner of the property where your slip and fall accident occurred.
In doing so, we will fully investigate and otherwise work on your claim by doing the following:
- Obtaining all accident and incident reports.
- Inspecting the site of the accident.
- Identifying witnesses and taking their statements.
- Securing and seeking to preserve any evidence that may be destroyed or lost (including any security or surveillance videos of the area of the accident).
- Collecting any and all photographs of the scene of the accident and your injuries.
- Working closely with various experts or consultants.
- Speaking or otherwise negotiating with representatives of the owner of the property or their insurance company or attorneys.
- Obtaining all of your medical records and bills.
- Preparing and sending a demand to the owner of the property or his or her insurer.
- Attempting to settle your slip and fall accident claim on favorable terms.
- If necessary, filing a lawsuit against the at-fault party.
We may also seek opinions from consultants and/or experts regarding:
- How the accident occurred, what caused the accident, etc.
- Your medical issues, including the injuries you sustained, the severity of your injuries, whether your medical care after the accident was reasonable and necessary, what type of medical care you will need in the future, etc.
- Issues related to your lost wages and ability to work in the future, and in what capacity.
- Issues related to quantification of your damages.
Each case is different, however, and other experts or consultants may be needed.
If you happen to be married at the time of the accident and your spouse’s relationship has been affected by your injuries, we can represent your spouse too. In that case, we would seek to get compensation for your spouse for his or her loss of love, affection, services, etc. due to the accident.
Have You Been Injured While on Property Owned by Someone Else Due to a Slip and Fall Accident?
Call The Law Offices of Donald M. Kreke today for a free consultation regarding your slip and fall claim. If you are injured and unable to come to our office, we will come to see you.
Other Legal Matters Handled by The Law Offices of Donald M. Kreke
In addition to slip and fall claims, The Law Offices of Donald M. Kreke handles other legal matters including: personal injury matters (including, but not limited to, truck crash claims, automobile accident claims, motorcycle wreck claims, boating collision claims, claims against cruise lines, premises liability claims, negligent security claims, dog bite claims, and defective products claims), property insurance claims – both residential and commercial – and inception claims, and supplemental and re-open claims (including, but not limited, broken pipe claims, fire claims, flood claims, hail claims, hurricane claims, mold claims, roof leak claims, sinkhole claims, storm claims, tornado claims, vandalism and theft claims, water claims, wind claims, loss of business income claims, and extra expense claims), bad faith insurance claims, property damage claims, collection matters, criminal defense matters, traffic offenses (including speeding tickets), claims against insurance brokers and/or agents, medical malpractice claims, nursing home claims and elderly abuse claims, and matters involving contract disputes. We also assist clients with reviewing and drafting contracts. If your legal issue or matter is not listed above, please contact us. We may be able to help.