Trip Slip & fall

"Slip and Fall" accidents are categorized under personal injury cases, and may be caused by any obstruction on the floor or pathway that is the direct result of skidding or tripping; uncovered holes on pathways, wet surface, etc. that may be stepped upon and cause an accident, including other barriers or hindrances on the walking path.

The above conditions may either be permanent or temporary. When filing for damages incurred due to a slip and fall incident, one has to prove that there was sufficient time for the owner of the building, prior to the accident, to rectify the error on the flooring or surface and eliminate the hazard, and that he had sufficient knowledge that those potential hazards exist, but did nothing to correct those.

Who may be held legally responsible
Both the property owner and the person injured may be held responsible, in their respective levels of negligence.

As a general principle of law on slip and fall cases, the court shall establish degrees of responsibility arising from a slip and fall incident and determine levels of "comparative negligence" on the part of the person injured in relation to the act of omission, or negligence on the part of the property owner. By this, the court shall establish the degree of responsibility that the property owner has exercised to ensure safety on his premises, in direct proportion to the responsibility of the injured to be mindful of where he is going and what he is stepping upon.

When comparative negligence has been determined by the courts, it will decide on the percentage of accountability for both the injured and the property owner, which will become basis of payment for damages.

A person who has figured in a slip and fall accident, or any of his immediate family should consult a competent Florida accident attorney who has proven track record in handling personal injury cases, specifically slip and fall accidents, for a thorough advice.

"Talk to my Lawyer"
In a slip and fall accident, as in all other personal injury cases where insurance can be an issue, it is best to direct the insurance adjuster to your lawyer. Your lawyer should handle whatever questions the insurance adjuster may have. He has the expertise to handle issues that when left alone to you to discuss with an adjuster may become inimical to your interest.

What to do right after a slip and fall incident
Here are random things to do right after a slip and fall incident that can help you justify your claim for damages:

Take pictures. Capture the place of the incident on film. Focus on the hazard or obstruction on the path, which caused you to slip and fall. If possible, capture photos of the vicinity as well, to establish the fact that it is prone to traffic and that anyone else could experience the same fate, unless the hazard is addressed properly.

Secure a report about the incident. Gather details of the incident as much as you can, or in your incapacity, a member of your immediate family or someone who was with you when the incident happened.

Keep track of those who may have witnessed the incident and request for a written account. This can bolster your claim for damages.

Seek immediate medical attention. A medical finding regarding injuries you sustained during the incident is the strongest piece of evidence you can have when you decide to file a legal action for damages.

If you need help finding the right Physician, we can help you with that.

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