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Slip and Fall Accident Claims Limited by Florida Law

slip and fall lawyer

Slip and Fall Accident Liability

Slip and fall accidents occur often in public places.  The owners of stores, restaurants, malls, and other public places have a legal duty to maintain their facilities in a safe condition.  In other words, businesses are legally obligated to protect their patrons from having accident on their premises.  Thus, businesses are required to keep their premises safe and warn the public of any unsafe conditions.

Failing to maintain a premises safe and warn of dangerous conditions is a breach of that duty.  As a result, you have a claim for personal injury if a business fails to protect you from a slip and fall accident.  Personal injury claims include money for your medical expenses, lost wages, and pain and suffering.  You should pursue a personal injury claim if you are involved in a slip and fall accident and suffer personal injury.  Call us for a free consultation with an experienced personal injury lawyer.

Florida Slip and Fall Statute Limiting Liability

Florida law limits a business’s liability for slip and fall accidents involving transitory foreign substances.  Section 768.0755, Florida Statutes, requires a slip and fall claim to prove that the business knew or should have known that foreign substance was on the floor prior to the accident.  However, you can prove that the business should have known about the dangerous condition by showing the condition existed long enough that it should have been observed.  In addition, you can prove this by showing the condition occurred regularly and was thus foreseeable.  For example, a leaking food cooler will leak again unless it is repaired.  These proof requirements make it harder to prove that a business breached it duty of care.  An experienced and knowledge personal injury attorney will help you overcome these requirements.

If You Are Involved in a Slip and Fall Accident

You must take certain action to support your claim if you are involved in a slip and fall accident.  Immediately call for help and inform store employees of your accident.  They will investigate your accident and prepare an accident report.  However, you should never sign any paper given to you by store employees.  Also, listen carefully as they investigate the accident.  In particular, pay attention for any employee comments such as “why didn’t we get this cleaned up sooner”.

You should also inspect and take pictures of the area where you fell.  Take close up pictures of the substance you slipped on before they clean it up.  This is very important.  These pictures will be crucial evidence and will help prove knowledge or constructive knowledge as required by Section 768.0755, Florida Statutes.  Additionally, inspect the scene for any visible shopping cart tracks in the substance you slipped on.  Write down the names and phone numbers of any witnesses.  Moreover, this includes other patrons who are in the same aisle or area even if they did not actually see you fall.  Above all, obtain medical attention for your injuries and contact us to pursue your personal injury claim.

Call Us Today for a Free Consultation with a Miami Personal Injury Lawyer

Contact The Berman Law Firm if you or a loved one has suffered personal injury in a slip and fall accident.  We will give you a free evaluation of your claim.  We used to defend businesses from slip and fall accidents.  Now we exclusively represent individuals injured in slip and fall accidents.  Let us put our experience and knowledge to work for you to maximize your recovery. We want to represent you and will work hard to pursue your claim.