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Law Offices of Stephen K. Miller, P.A
 
Help! I had a slip/trip and fall incident, now I’m seriously injured. What should I do?

Help! I had a slip/trip and fall incident, now I’m seriously injured. What should I do?

Have you sustained serious injuries from a slip or trip and fall incident? Slip and falls are fairly common unfortunate occurrences. Florida laws regarding slip and fall incidents/personal injury claims are fairly stringent and frequently change—making it even more important for fall victims to understand the relevant laws to avoid making errors that could destroy their cases.

Florida Statute 768.0755 states that if a person slips and falls on a “transitory foreign substance” (a legal term for something that spilled such as a liquid) at a place of business, then it is the injured person’s responsibility to prove that the business through its employees in question had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.

“Constructive knowledge” may be proven by circumstantial evidence showing that the dangerous condition “existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition,” or that the condition occurred with regularity and was therefore foreseeable. In other words, the fall victim must be able to demonstrate that the business could have prevented the fall incident had they taken the appropriate measures to do so, such as making things safer, or regularly inspecting the aisles of the store for dangerous conditions.

What does this mean for people injured in a fall incident? The statute underscores the importance of producing adequate documentation of the fall scene. Because the law states that it is the injured party’s responsibility to provide evidence of liability, it is critical that injured parties thoroughly document the scene of the incident.

Here are some helpful tips:

• Take pictures and/or video—remember that the potentially liable establishment has no incentive to do so, as it may be against their interests. In order to be effective, these pictures should clearly show that the area of incident was hazardous and that its condition was preventable.
• Get names and telephone numbers of any witnesses to the incident. Your personal injury lawyer might need to contact them at a later date regarding your case.
• Seek medical attention as soon as possible after the slip and fall incident, and inform your medical providers of the exact nature of your injuries to ensure thorough documentation.

Our law firm handles cases dealing with falls resulting in severe injuries. We accept personal injury, medical malpractice, and wrongful death lawsuits on a contingency fee basis, meaning you would owe us neither legal fees nor costs unless we recover money damage for you—thus, there is no up front cost to you for us to handle the case.

If you or a family member has been seriously injured or died as the result of someone else’s negligence, contact the Law Offices of Stephen K. Miller for a free phone consultation at (866) 496-8752 or via email at Info@ForYourLaw.com

BY: Monica Perez-McMillen, Attorney at Law

June 6, 2012
 
 
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