A slip and fall can result in serious and life-changing injuries, depending on how the fall occurred and the condition of the injured party. Falls are the most common cause of brain injuries and hip fractures. Forty percent of fatal injuries among people ages 65 and older are the result of slip and fall accidents.
If you suffer a slip and fall at a grocery store, shopping mall, restaurant or other business establishment, it is imperative that you properly document the conditions that caused you to fall. It is equally important that you receive medical treatment for your injuries as soon as possible. It is recommended that you do so within 72 hours of the fall, but the sooner the better in most cases.
Florida has a set statute of limitation as to how long a person has to file a slip and fall claim. A plaintiff has four years from the date of the incident to file a lawsuit to obtain compensation. This four-year statute of limitations applies to any lawsuit involving property damage or personal injury that resulted from the slip and fall.
The plaintiff must prove their injuries were a proximate cause of the slip and fall, meaning the victim’s injury was ‘reasonably foreseeable’ by the defendant’s negligent conduct. The insurance company and property owner will do everything within their power to refute the claim or at least minimize what is paid. This could be done by the defendant claiming the injuries resulted from a preexisting condition. The more time that passes between when you are injured and when you see a doctor, the more room you are giving the other side to argue that your injuries are not related, which is one of the main reasons we encourage clients to be seen by a medical professional as soon as possible.
Grocery stores, shopping malls, restaurants and other business establishments have a legal obligation to maintain their building and ensure the premises is safe for its customers. This includes maintaining the parking lot, sidewalks, and walkways. Unfortunately, businesses sometimes neglect basic safety protocols, which can lead to serious injuries. If you are injured in a slip and fall, it is important to seek immediate medical attention and consult with an experienced Orlando premises liability lawyer as soon as possible to ensure your legal rights are protected.
A civil trial attorney with the firm Wooten, Kimbrough, Damaso & Dennis, P.A., Mr. Damaso concentrates on cases involving personal injury and wrongful deaths and solely represents individual victims and consumers. He takes his clients' cases personally and is committed to their best possible outcome. His strong sense of community has led to his support of numerous charities in the Orlando area.