It’s Never A Good Season For A Fall
Michael Babboni
Personal Injury
When all you want to do is go out to eat, but the piece of greasy bacon on the floor has other plans. When you’re excited about Holiday shopping at the mall, but the rain-soaked floors sidetrack your spirit. When the movie you’re about to see looks like an Academy Award winner until the overturned soda left by the previous patron dashes your hopes.What do all of these scenarios have in common? They all started out with someone who has good intentions to do something that gets thwarted by the negligence of someone else. They are all incidents that involve slip-and-fall cases.
Slip and fall cases are very common. Sometimes people get lucky and merely take a tumble without getting hurt. Other times, there can be injuries that are devastating, painful, and require much more than a Band-Aid. The Slip and Fall Statute has changed in recent years, so if you have been a victim of greasy bacon or a soda spill and become injured as a result, you’ll need the advice and assistance of a law firm who knows these changes and knows how to help you.
My How The Laws Have Changed
In the past, a person who had fallen and become injured after slipping due to an unsafe condition in a public place had only to prove that the unsafe condition was the cause of the fall. Now, the burden of proof has risen higher. The injured party must prove that the establishment not only had constructive knowledge of the unsafe condition but that the establishment failed to remove the unsafe condition or warn customers of its presence.
Constructive knowledge means that the unsafe condition had existed for a considerable period of time so that the establishment would have known of it, or that the condition was a regular occurrence. You can see where this would be tricky to prove in the case of something such as a spilled beverage as they can happen at any moment without much knowledge to the establishment.
Standing Up For Yourself
While today’s laws are good when it comes to protecting establishments from fraudulent claims, they are not as helpful when it comes to protecting honest victims who are suffering. This is no reason, however, to sit back and let the injuries you have sustained. In most cases, you’ll find that the establishment is negligent to some measure of a degree. You have the right to pursue damages, such as medical bills incurred as a result of the fall, and possible future medical bills in the event that your injury requires surgery.
When it comes to recouping for pain and suffering, the best support you can have to prove that you’re really are suffering is something solid and tangible, such as MRI results and medical staff documentation.
A Note About Contributory Negligence
The possibility exists under Florida Law that you could be held contributory negligent in your slip and fall case. For example, if you were texting and walking without looking down, the jury might find that you were 20% negligent because you would have seen the spill if you had been watching. Therefore, you would receive a 20% reduction in your financial award.
If you end up injured after a slip and fall at an establishment, be sure to get as much evidence of the unsafe condition as possible. In the age of selfies and Instagram, a picture is worth a thousand words; and maybe more when it comes to dollars.
For the best legal representation in your slip and fall injury case, contact us. We know the laws, we know the drill, and we know how to get you compensated for something that you had no control over. Call us for a free case review to get firmly back on your feet again