Suing Publix for a Slip and Fall

Publix is a supermarket chain based in Lakeland, Florida. With over a thousand stores across Florida, and nearly two hundred thousand employees, “shopping at Publix’ is an experience nearly everyone who lives and works in Florida has enjoyed. Moreover, Publix is now expanding beyond Florida, with stores in Georgia, Alabama, South Carolina, Tennessee, North Carolina, and Virginia. One day soon, we may even find Publix in New York City. Since 1991, our personal injury law firm has represented people who have been injured in Publix stores and their parking lots in a variety of cases. The most common is the slip and fall on liquid spilled in one of the aisles or in the produce department. We have seen cases where the liquid came from leaking pipes, spilled samples from vendors, customers who were eating and drinking while shopping, and many other scenarios. PUBLIX HAS A DUTY TO USE ORDINARY CARE Publix, like all Florida businesses, has a legal duty to use ordinary care to maintain its stores in a reasonably safe condition. That means that legally, not all customer slip and falls at Publix are necessarily Publix’s fault.   Take for example the case of Caridad Dominguez, who was represented by another law firm, and claimed to have fallen on a patch of laundry detergent that had seeped out of a bottle that had fallen from the shelf. According to the Court’s record, a Publix manager ran to the spot of the spilled bottle just nine seconds after the bottle fell, right to the bottle, and just four seconds later, while the manager’s back was turned, the lady...

Slip and Fall Accidents at Airports

Air travel can be tedious and stressful. There are crowds and lines that wear on our patience. Amongst the rush and worry, it is not uncommon for accidents occur while passengers, employees, and aircrews move throughout Florida’s busy airports. The common accidents are a trip on loose carpet near the gate, a slip on spilled water in the terminal, or fall at the counter in a café. As with other private property, it is possible that the property owner is liable for serious injuries that result from these unfortunate accidents. In Florida it is necessary to show the following factual elements to recover compensation for medical bills or other costs and losses from an accident. First, that the slip and fall directly caused the serious injuries; and, second, that the owner of the property knew the dangerous condition existed prior to the accident. Every personal injury plaintiff who was injured by slip, trip, or fall in an airport is required to prove these elements. However, what is precarious and complicated about airports is the property is commonly owned, operated, and managed by different parties and entities. Typically, there is a single private party that owns the entire airport. In turn, this entity will lease or overturn operations of certain areas to different parties. For instance, in a Florida airport there are bars, restaurants, and shops that lease space through private contracts, governmental agencies that manage security spaces, and management companies that undertake responsibility for terminal and gate areas. Not to mention check-in desks and gates that are managed by airline employees. The results is that from the time you...

Slip and Fall Cases in Florida

If you slip on some soup, can you sue City Hall and win? Apparently not, as Harriette Wilson-Greene learned after suing the City of Miami and Vista, the building’s maintenance company, after she slipped and fell in a building owned and operated by the City of Miami.1 Vista Maintenance Services, Inc., had the maintenance contract for the building at the time of the accident. Her case was handled by another Miami personal injury law firm, and according to court records, Ms. Wilson-Greene testified that she had been to the City’s Miami Riverside Building several times before, when on the fateful day of her fall, she took an elevator from the lobby to the second floor. She testified that she did not see any substance on the floor during any of her previous visits. After spending “longer than 15 minutes” on the second floor conducting her business, she returned to the lobby, using an elevator in the same elevator bank. After taking just a couple of steps out of the elevator, Ms. Wilson-Greene slipped and fell backwards, hitting her head and losing consciousness. When she regained consciousness, she noticed a green substance all over her feet, in her sandals, between her legs, and on parts of her upper body. According to the City’s incident report, the substance was “soup that was on the floor in the hallway of the elevators.” Ms. Wilson-Greene said the manager of the building’s security company told her the substance was green pea soup.2Although there is a restaurant in the lobby of the building, there is no evidence in the record that the restaurant was serving...

Slip and Fall Accidents at a Private Home

Slip and Fall Accidents at a Private Home Slip and fall injuries make up the majority of the most commonly reported personal injury cases in the United States. The owners of establishments that are open to the public are usually held liable whenever such accidents occur on their premises. But what happens if the accident occurs in a private home? Who is held liable? Can the victims get compensated? Permitted Visitors vs. Intruders If you are injured while intruding in someone else’s private residence without permission, then the owner of the premise does not owe you anything and will not be held liable for any slip and fall injuries that you suffer while there. When the homeowner intentionally created conditions meant to harm people within his or her residence, the law makes an exception to this rule if small children are involved. If you are visiting a private residence with permission when the accident occurs, then the situation is quite different. In this case, the liability for the accident will depend on whether or not the homeowner was negligent. The law assumes that the homeowner is negligent if he or she fails to warn you about any dangers on the property which the owner had reason to know about. For instance, if the residence has slippery floors and the owner fails to warn you about that before you slip and fall on the floor, then he or she might be held liable for the accident. However not all slip and fall accidents that occur in private homes are caused by negligence. For example, anyone can slip and fall on...

Proving Fault in a Slip and Fall Accident

Our personal injury law firm in Miami investigates claims on behalf of people who have been injured in a slip and fall accident, whether it be a slip, trip, or fall or other types of claims at stores like Publix, Winn-Dixie, Target, Wal-Mart, in shopping malls, and at other public businesses across the State of Florida and around the country.  Did you know that slip and fall accidents are responsible for 25% of all injuries that require time off from work, but that they are also often considered to be the most difficult claims to understand and prove? The most common claim against a public commercial business our law firm investigates is an injury that results from a person’s either falling because of a wet and slippery floor or tripping on a hazard such as an unmarked step or threshold.    The question we ask is how a business can reduce its number of slips, trips, and falls. To answer that question, one needs to consider the cause of most slip-and-fall accidents. Typically, liability insurance companies and their lawyers blame the injured claimants for the falls, by suggesting that the plaintiffs were simply not watching where they were walking at the time or tripped over their own feet because of inattention–like being distracted by texting or playing Pokemon GO. However, lawyers who represent the injured person will have to investigate how the floor area was maintained and by whom, the surface and design of the floor, and whether the warning signs and lighting were adequate.  Another area of inquiry is whether or not the business utilizes slip-resistant cleaning materials...

Consulting with a Miami Injury Lawyer: Determining the Value of Your Slip and Fall Accident

Many people hesitate to file a lawsuit after suffering injuries from a slip and fall or some other type of accident involving premises liability. Often people see the task of contacting an injury lawyer as daunting, expensive, or not worth their time. As a result they lose their opportunity to collect fair compensation for their pain and suffering. While not every slip and fall accident qualifies as a viable case, some incidents do result in injuries with long-term or even permanent negative effects that greatly affect the person’s quality of life and ability to work. Understanding the legal process in these slip and fall cases is important when considering the value of your claim. Receiving Medical Treatment First and foremost, we recommend that anyone severely injured in a slip and fall accident seek medical attention as soon as possible. It is very important that injuries be evaluated by a medical professional and that the proper treatment is begun to avoid further harm to the injuries. The type of treatments undergone in order to get better may range from physical therapy, to chiropractic treatment, to various injections, or even to surgery. The greater the extent of the treatment, the higher the potential value of the claim as these medical expenses play a vital role in determining proper and fair compensation. Analyzing Your Injury When considering the severity of your injuries, Florida law focuses on three important factors: (1) your past and future medical treatments for injuries caused by the accident, (2) past and future loss of wages caused by the accident, and (3) your pain and suffering as a result...
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