|
Slip and fall injuries can cause some of the most devastating
and incapacitating injuries possible. However, slip and fall accidents can also be
some of the most difficult cases to successfully present in the
State of Florida. This is because the injured person must prove
the negligence of the premises owner caused or contributed to the
slip and fall injuries. Under Florida law, the owner of premises is not
an absolute insurer of the safety of its guests. A premises owner
is only responsible for a guest's injuries if there is negligence
on the part of the premises owner or operator. This is often difficult
because, in general, people injured in slip and fall accidents rarely document
the cause of the fall with photographs and witness names and phone
numbers.
When
people fall in public places, the usual first reaction is that of
embarrassment. People naturally feel embarrassed that they have
fallen in public. They are shaken-up and try to get up as soon as
possible. If you have ever tripped over a curb in public, the first
thing you do is look at what caused you to fall and then look to
see who saw you trip. The owner/operator of the premises where
you fell is counting on this exact reaction. They hope you spring
to your feet, shake it off, say your okay and try to leave without
determining what the dangerous condition was that caused you to
fall.
Therefore,
it is imperative, if you have been injured in a slip and fall accident on someone else's premises
that you try to do the following:
-
Try to determine what caused you to fall in the first place;
- Document
this by taking photographs, if possible; photographic evidence
of the dangerous condition or foreign substance can be a tremendous
benefit. Oftentimes, however, this is difficult to do as the store
or premises owner manager will instruct the employees to immediately
clean the foreign substance. However, if you are with someone,
go get a disposable camera in the store if possible and take pictures.
You can pay for the camera as you leave the store.
- Obtain
the names, address and phone numbers of any persons who may have
witnessed the fall and observed the foreign substance or dangerous
condition. The best witnesses are people not related to the
injured customer. It is also helpful to obtain the name, address
and phone numbers of all employees who saw the slip and fall and /or who
rendered assistance. Oftentimes, lower-level employees change
jobs or locations and may be difficult to find after the fall
occurs.
If slip and fall injuries have been sustained, medical care should be sought as soon
as possible. Many people will wait to see if their pain and discomfort
subsides and not seek immediate medical care. While no one should
exaggerate or fake any injuries or pain, if you are in pain, get
it treated and documented by medical professional.
Finally,
do not relying on the store or premises manager when he tells you
that the store will cover and pay for any medical treatment you
may require. The insurance company for the premises is the ultimate
decision maker on whether or not to cover your medical expenses.
More often than not, the insurance company for the premises will
deny that they are responsible for your fall and thus not responsible
for your medical expenses. Therefore if you seek medical attention,
provide the physician with your own personal health insurance if
you have it.
Click
here to Contact a
Florida Slip and Fall Attorney
The
hiring of an attorney is an important decision and should not be
based solely on advertisement. Before you decide, ask us to send
you free written information about our qualifications and experience.
Firm
Overview
| Attorney Profile | Resource
Links | Newsletters | Contact
Us | Home
Mark A. Risi
2699 Lee Road, Suite 101 - Winter Park, FL 32789
Phone: 407-629-2484 Fax: 407-629-8275 Toll Free: 888-282-6529
Copyright © 2001. Mark A. Risi. All rights reserved.
Web Design by Sales & Marketing
Technologies.
|