Florida Slip And Fall Legal Questions

In Florida a premises owner can be liable for a dangerous condition that they knew about.  The law has recently changed in favor of business owners and now an injured person must prove that the business had actual knowledge of the dangerous (slippery floor) condition.  In order to make a claim you need to have taken several steps, for example (1) preserve the evidence, take photos of the floor and the substance making it slippery (2) get names of witnesses (3) make a report to the business and obtain a copy of the report (4) preserve your shoes that you were wearing at the time and do not continue to wear them (5) send a letter to the business asking them to preserve as evidence any video surveillance tapes and to give you a copy (6) get medial attention and document your injuries. Then have a lawyer make a demand to the insurance carrier for the business. There is no guarantee that you will obtain compensation but the above is a logical and reasonable way to approach the problem.... Read More

Call a personal injury lawyer. You need to document this claim and they can help. Also, seek medical treatment. The owner may or may not be liable depending on the circumstances, but you must start ASAP. We are happy to give specific advice via phone or email. John jmp@knowthelawyer.com 800-656-6952 ... Read More

You should talk with a Florida personal injury lawyer. We'd be happy to talk to you about all of this. There are doctors who will treat you while all of this gets worked out. The most important thing is to get well and document your injury. Slip and fall cases are tough as they are highly defended. fault depends on what caused the fall. Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved. For that reason - and the misinformation and "fast food" lack of service by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. My clients and potential clients are always free to email me- jmp@knowthelawyer.com. Our number is 800-6-know-law. ... Read More

I am sorry you are going through all this.  First, if your Slip and Fall was caused by negligence, the at-fault person/business will be responsible for complications from your treatment, even if the complication was from malpractice (assuming it is a business, or residence with insurance coverage). Making the malpractice part of your negligence case can be a much easier route then bringing a malpractice claim, since they are very hard to prove. This would need to be determined by a lawyer with much more detail on the facts.   Next, it is hard to say if you have a medical malpractice case without much more information. Cemented hip replacement procedures are very common, particularly with elderly and less active patients. One use of cementing is to attach the prosthetic to your healthy bone  and typically has very good results; but certainly there can be poor technique and other facts causing it to fail.   For a qualified lawyer to even begin to comment on malpractice, you really need to meet with him/her and go over all the details. The lawyer will likely want you to bring in as much of the medical records as possible, regarding the surgery. If you have not seen a lawyer for the slip and fall aspect and you feel there was negligence causing the fall, that should be discussed as well. Good luck.   This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and  there may be more to the issues you raised then I have set out in my brief reply... Read More

The owner and operator are legally responsible for injuries caused by a dangerous condition they created themselves, or a condition which they knew, or should have known of and failed to make it safe (as well as provide adequate warning to people on the property).   In your situation, it will have to be shown the lighting was so low, it created an unreasonably dangerous condition. For this reason it is important to immediately retain a qualified lawyer for purposes of inspecting/photographing the area. Based on the lawyer's experience, or with the help of an expert, they will determine if the lighting made descending the stairs unreasonably hazardous. I recommend you (or a family member if you are to injured) immediately take many pictures of the entire area, even before seeing a lawyer; in case they change the condition as a result of your fall.  Examples of typical inadequate lighting cases: Someone is at a very dark restaurant and has no reason to know the tables are on an elevated platform; or someone could not see that the carpet was raised because it was too dark to see the floor.  there are many excellent personal injury lawyers who can help you. However, be careful to avoid the mass advertising TV type lawyers, who based on their huge volume of cases are unlikely conduct a thorough investigation of the incident. Good luck.... Read More

It depends on what the contract you signed when the attorney took your case. If it says that you will be responsible for copy costs then the firm can ethically charge you for the copies of the file. In a case such as yours, however, I'm assuming that the firm has taken the case on a contingency basis such that you are not paying the attorney by the hour or otherwise. In such case you should be able to call your attorney and request a status without the firm "nickel and diming" to learn of the status of your case.... Read More

You should contact a local personal injury attorney.  They take cases like this on a contingency basis which means you only pay them if they are successful.  Additionally, they provide initial consultations for free. Most hospitals have strict fall protocols for people who are fall risks.  It's likely that the nurse was required to do more than merely offer you a wheelchair. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com ... Read More