by Spencer Aronfeld | Jun 26, 2018 | Personal Injury News and Safety Resources, Slip and Fall/Premises Liability
Slip and fall accidents can happen anywhere, at any time. Many times, falls happen through the negligence of the injured person, but other times, they occur because of the negligence of the property owner or business. Here are some of the most common causes of slip and fall accidents. Floors The most obvious reason why someone slips and falls is due to something being on the floor causing the individual to lose his or her balance. Property owners have a duty to maintain their common areas, specifically the floors. All floors are expected to be clean of liquids and debris, and if the property owner fails to maintain the floors in a safe manner, he or she can be held responsible. Some of the more common ways flooring can lead to injuries include: The property owner not putting up adequate warnings or notices that the floor was being cleaned, was still wet or damp or had any other hazards; If an area was damp or wet, the property or business owner failed to put up adequate barriers to close off the area; The property or business owner used too much wax or polish on the floor or applied it unevenly, leaving one area too slick; The property or business owner applied a floor treatment to a part of the floor that was on an incline or slope, leaving it dangerous to walk upon; or The property or business owner failed to use a “non-skid” floor treatment if that type of floor treatment is required. Essentially any time the property owner is negligent in maintaining carpeted floors, rugs or mats...
by Spencer Aronfeld | Jun 17, 2018 | Personal Injury News and Safety Resources, Slip and Fall/Premises Liability
After being injured in a slip and fall accident, it can be confusing and unclear what you should do to protect your legal rights and receive compensation for your injuries. However, taking the proper steps immediately after a slip and fall can make all the difference if you find yourself having to file a lawsuit after the accident. Timing is critical. Get Medical Treatment for Any Injuries: First and foremost, if you are injured in a slip and fall, no matter how minor the injuries are, it is important that the injured individual seek medical attention as soon as possible. Most slip and fall accidents result in relatively minor injuries, but more serious injuries, such as trauma to the head or broken bones, can occur. Additionally, many injuries do not manifest until after the accident, so it is important to document what happened by seeing a medical professional and getting a professional diagnosis in writing of any injuries that may have occurred. It helps to see a doctor quickly, as well, while the incident is fresh in your mind in terms of what happened and how you were injured. Report the Accident to the Property Owner: If you are hurt in a slip and fall accident, it is important that you notify the property owner or at least someone responsible, such as a supervisor or manager who is present. If you suffer a slip and fall while on public property, such as in a city building or park, the injury needs to be reported to the city or town as soon as possible. The first report may be made...
by Spencer Aronfeld | Jun 4, 2018 | Cruise Ship Accidents, Personal Injury News and Safety Resources
If a passenger is injured while on a cruise ship, one might ask whether the cruise ship company is liable for that person’s injuries. However, this determination is highly fact-specific. Certain factors play into whether the cruise ship is responsible, and it should not always be assumed that just because a passenger is injured while onboard a cruise ship, that the ship will be held liable. Negligence on Behalf of the Cruise Ship If an individual is hurt while on a cruise ship and wants to hold the cruise line responsible, he or she will need to show that the cruise ship was negligent in some manner. Simply being injured is not enough to show that the cruise line was negligent and is at-fault. Negligence means that the cruise line failed to act with reasonable care, and because of this failure, the individual was injured or damages occurred as a result. Slip, trips and falls are common occurrences on cruise lines. Examples include a passenger falling down a staircase, slipping and falling somewhere on the ship, or tripping over a threshold on the ship. Sexual assaults or other intentional acts by someone hired by the cruise line can also happen while on the ship or while on a cruise ship excursion. Specific Examples of Liability: Staircase Liability Falls often happen on staircases on cruise ships. Many factors can play into whether the person who falls down a staircase is at fault or whether someone else holds responsibility. Something else could have caused the person to fall, such as some type of liquid or foreign substance on the stairs, poorly...
by Spencer Aronfeld | Jun 1, 2018 | Car Accidents, Personal Injury News and Safety Resources
Car accidents do not just happen on highways. In fact, many reported accidents are the result of parking lot fender benders. While speeds tend to be slower in a parking lot, the damage can be costly. Many parking lot accidents tend to involve hit-and-runs. Certain steps should be taken to protect your rights if you are involved as a driver or a pedestrian in a parking lot accident. Call for Help. Do not hesitate to call 911 if you believe anyone was injured following the accident. If the accident was a hit-and-run, calling 911 can help obtain valuable evidence and protect you in the event a police report is needed to submit a claim. Remain Calm. Emotions run high when it comes to any type of car accident. If the person who hit you or your car is present, tensions can rise and situations can quickly escalate. However, responding in anger will not help the situation. Remain calm and call the police. It is also important to take down the contact information and statements of anyone who witnessed the accident. Stay Where You Are. It is extremely important that everyone involved in the accident stay at the scene until the authorities clear them to go. In Florida, it is the law. Leaving the scene of an accident can bring an additional charge, especially if injuries or vehicular damage was done. Never Apologize or Admit Fault. It can be a knee jerk reaction to want to say, “I’m sorry” after an accident, but whatever you do, never admit fault. Conversations should be limited, giving the other person insurance and...
by Spencer Aronfeld | May 25, 2018 | Personal Injury News and Safety Resources
Pedestrian deaths are at a 10-year high on a national level with the State of Florida having the second highest rate of pedestrian accidents in the country. Between January and June 2016, 299 deaths occurred in Florida. That previous year, the number was 303. The top five states, including California, Florida, Texas, New York and Arizona, made up 43 percent of all pedestrian deaths during the first half of 2017. To put these numbers in perspective, these states account for only 30 percent of the total national population. According to a study published by NPR, eight of the top ten most dangerous cities for pedestrian deaths were in Florida. Why have these numbers increased over the course of a couple of years? According to the study, a number of factors can play into why pedestrian deaths have increased. A stronger economy and lower price for fuel has caused more cars to be on the road, which results in increased chances for accidents. Other factors include increased vehicle speeds and alcohol consumption by both drivers and pedestrians. According to the report, 33 percent of pedestrian deaths involved a pedestrian who had a blood alcohol content (BAC) above the legal driving limit. Even though it is not illegal to walk while intoxicated, it can be extremely dangerous when combined with moving vehicles. Dangerous road design also plays a part in increased pedestrian deaths. Many of these accidents occur on multi-lane roads, as pedestrians are attempting to cross a busy highway. The larger the roads, the higher the speeds are set for cars traveling on them. This combination can lead to an...
by Spencer Aronfeld | May 10, 2018 | Personal Injury News and Safety Resources, Slip and Fall/Premises Liability
How Much is Your Slip and Fall Case Worth? On the surface, it can be difficult to estimate how much a legal case is worth, especially if the case involves a slip and fall. However, if someone is injured in a fall due to a hazard on another person or businesses’ property, it is important that he or she be aware of the factors that can affect filing a lawsuit. For example, all states have a statute of limitations on how long an individual has to file a lawsuit. In Florida, the injured party has four years from the date of the accident to file the lawsuit. If the person does not file within this period of time, he or she can end up barred from any relief. Here are factors that will determine the value of your slip and fall case: Medical Expenses: Present and Future Medical expenses are one of the first things used to calculate damages in a slip and fall case. When meeting with an attorney, bring any and all medical expenses to help the attorney evaluate what types of medical expenses may be outstanding and what may be in the future. Damages can sometimes be the amount the healthcare provider has billed the injured client or the amount the healthcare provider agreed to receive as payment in full, if the healthcare provider agreed to a lesser amount. It helps if the client has reached what is known as “maximum medical improvement,” meaning the doctor has declared that he or she has recovered as fully as he or she is anticipated to recover, and additional...
