Most people have tripped or slipped and fallen at some point. Usually, the fall is shaken off and there is little or no injury. Other times, the fall can be more problematic, leading to injuries that require medical attention. If an individual slips and falls in a public place and suffers an injury due to the fall, he or she may have legal rights.
Whether due to a refrigerator leak, spill, leaking merchandise, or a host of other dangerous conditions a slip, trip, and fall incident can happen in a blink of an eye. However, the legal proceedings following a slip, trip, and fall typically are lengthy, complex matters. For starters, in the days following your accident, the premises’ insurance company will call you in an attempt to settle your claim. Perhaps you have already been contacted by an insurance company. It is important to keep in mind that the insurance company does not have your best interest in mind, its goal is to minimize what they must pay for your claim.
In Florida, the law governing premises liability, and specifically accidents involving substances on the floor, is very complex and depends greatly on the facts of each case. An important factor is understanding that the injured person has the burden of proving what the business establishment did or did not do in causing the dangerous condition to exist or remain on the premises. The injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken actions to remedy it. Though it could be difficult to prove the business establishment actually knew about the dangerous condition that caused the accident, the injured person has the opportunity to prove the business establishment had knowledge about the dangerous condition by showing either that: (1) the dangerous condition existed for a long enough time for the business establishment to have known of the condition; or (2) the condition occurred with regularity and was therefore foreseeable. However, proving this alone is not sufficient to win a case. The injured person must also prove that despite having knowledge, the business establishment did nothing to correct the dangerous condition, and the injured person must prove that the accident is the cause of the personal injuries sustained.
After any slip, trip, and fall accident, the first thing to do is to report the accident to the store and take photographs of the area, if possible. The next step is to contact the Amanda Demanda Law Group because as explained above, given the complex law involved these cases require personal attention, and we approach each case in a prompt, personalized way.
If you or someone you know has been hurt in a slip, trip, and fall accident, you may be entitled to compensation.
Call us today at 305-505-1000 for a free legal consultation.
Calling the right law firm does make a difference. Don’t delay! If you delay in calling us for your free personalized legal consultation, essential evidence might disappear, and you may wind up making a costly error that our legal team could have helped you avoid.
We start working for you the moment you call! When you call our legal team will explain the steps you must take and the mistakes you must avoid to give your claim the best chance of success. The legal team at the Amanda Demanda Law Group also performs an immediate investigation of your claim to gather evidence before it becomes unavailable.
Don’t speak English? Fortunately, the Amanda Demanda legal team is fluent in both Spanish and English. Whether you are a native English speaker or speak Spanish, you will get the answers and help you need.