Articles Posted in Slip and Fall

One moment you’re walking down the street, and the next moment you find yourself on the ground. Injuries from a slip and fall accident can range from minor scrapes and bruises to more serious injuries like head trauma or broken bones.

When this happens, it’s normal to feel overwhelmed and uncertain about what steps to take next. Understanding your rights to protect yourself and get the compensation you deserve is important. Lucky for you, we are here to help. We’ll share what steps you should take if you have been injured in a slip and fall accident, as well as provide resources to help ensure your rights are protected.

Get Medical Treatment Without Delay

If you’ve ever been involved in a slip-and-fall accident, you know how quickly things can turn from a minor inconvenience to a major financial burden. In such cases, insurance companies play a vital role in helping individuals get back on their feet as quickly as possible.

Of course, this begs the question: what role do insurance companies play in slip-and-fall accidents? In this article, we’ll explore the various ways that insurance companies may be involved when an individual experiences a slip and fall. We’ll also look at some of the key factors that influence the outcome of these claims—and what you can do to maximize your chances of success.

So, whether you’re considering filing a slip and fall accident claim or want to learn more about the process, read on for an in-depth look at the role of insurance companies in slips and falls.

Slip and fall accidents can happen to anyone and at any time, but you can take certain proactive steps to decrease the risk of getting hurt. One of those steps is ensuring that you wear the right shoes whenever you’re going somewhere that’s potentially slippery.

To help you make sure that you’re comfortable and safe no matter where you might find yourself, we’re here to go over some key tips for choosing the right footwear to avoid slip-and-fall accidents. We’ll look at the types of shoes best suited for certain environments and any additional protective measures or precautions you could consider to stay safe on your feet.

Traction

It is important to understand the necessary steps to take after you or a loved one experiences a slip and fall accident. Not taking these steps could result in long term health issues and hefty medical expenses. 

The first thing you should do after sustaining a slip and fall injury is to seek immediate medical attention from a healthcare professional. If you avoid an immediate medical examination, it could end up costing you in more ways than one.

Inquiring with a licensed attorney could be essential to obtain the compensation you may need for medical care, lost wages from missing work, and other expenses related to your injury. The slip and fall attorneys at Frankl Kominsky Injury Lawyers are available to listen to the details of your claim during a free consultation. If you have a viable claim in the West Palm Beach area (by appointment only), we may be able to help you recover the fair amount of compensation you deserve.

There are certain criteria that must be met to win a slip and fall case. It is important to be prepared with enough evidence to prove your injury was the result of negligence by the property owner. Having an experienced lawyer on your side could help ensure you have everything you need for a successful slip and fall claim.

If you need legal assistance with your injury claim, contact a licensed Boynton Beach slip and fall lawyer at Frankl Kominsky Injury Lawyers for a complimentary initial consultation. Our diligent attorneys have helped our clients recover a total of over $100 million in compensation. If your claim has merit, we can help you prepare your claim to pursue the fair amount of compensation available for your situation.

Read on to learn more about how you can prepare for your slip and fall case and put yourself in a position to protect your rights to seek legal compensation. 

In a recent appellate case, a plaintiff appealed a trial court’s final judgment order entered against him in favor of defendants in the Florida slip and fall claim. According to the court’s opinion, the plaintiff filed a negligence lawsuit against a plasma-donation center (the Center) after slipping and falling in the defendant’s bathroom. Evidently, while the plaintiff was at the Center, he went to use the bathroom, as he pushed the door open and took a few steps onto the floor, he fell. He told the receptionist about his fall and asked her to call emergency responders. The defendants created an incident report which described the man’s fall and indicated that the Center’s supervisor checked the bathroom floor and did not see any liquid.

During a deposition, the man testified that he does not remember seeing a wet floor until after he fell but that he remembers slipping and falling forward, as if someone pushed him. When he was on the floor, he saw something that resembled a cup of water and a couple of muddy footprints. The medical supervisor testified that he did not remember how much time elapsed between the incident and inspection, and the Center did not have a schedule for inspecting the bathrooms.

The defendants moved for summary judgment, arguing that the plaintiff’s contention of seeing wet footprints was not enough to overcome the motion. In response, the plaintiff argued that his testimony regarding the appearance of the substance in combination with the defendant’s Centers testimony concerning the lack of inspections created a genuine issue of material fact.

As a general matter, Florida landowners have a duty to ensure the area is safe for those whom they invite onto their property. In the event that a landowner fails to take the necessary precautions to ensure their property is safe, the landowner could be liable to any visitor for injuries caused by that hazard through a Florida premises liability lawsuit.

In Florida, landowners owe two distinct duties to their visitors. First, to “exercise ordinary care in keeping the premises reasonably safe.” Second, landowners also have a duty to warn guests of known hazards that may not be immediately recognizable. Simply stated, Florida landowners have a duty to keep their property reasonably safe, and when a hazard does exist, they must warn visitors of the hazard’s existence.

With respect to warning visitors of known hazards, not all hazards are viewed as equal under the law. Courts have routinely held that landowners do not have a duty to warn their visitors about “open and obvious” hazards. Notably, the open and obvious doctrine does not protect a landowner from a failure to exercise ordinary care in keeping a safe area. Thus, the doctrine is only applied in cases where a plaintiff claims the landowner failed to warn them of a known hazard. A recent case illustrates how courts apply the open and obvious doctrine.

Continue reading

All Florida personal injury claims have certain elements that must be met before a jury can award a plaintiff compensation for the injuries they have sustained. In general, all lawsuits brought under the umbrella of “negligence” must establish that the defendant violated a duty of care that was owed to the plaintiff, and that the defendant’s violation of that duty resulted in the plaintiff’s injuries.

Specific to Florida premises liability lawsuits, a plaintiff must establish the following:

• The defendant knew or should have known that the hazard existed;
• The defendant failed to remedy the hazard or warn the plaintiff about the hazard if it was unable to be fixed; and
• The plaintiff was injured as a result.

While this sounds simple in theory, in reality these cases are often much more complex. Often, this comes down to a plaintiff’s ability to show the court that the defendant landowner had knowledge of the hazard that caused their injuries. A recent decision issued by the Third District Court of Appeal illustrates how lower courts sometimes get the analysis wrong.

Continue reading