I Signed a Liability Waiver and Suffered a Slip and Fall Injury, Now What?

On a regular basis, people in Florida are asked to sign liability waivers. These legal documents are provided to participants by a business or organization that facilitate an activity, required as a precursor to running a road race, and necessary for going to certain events, including concerts and other entertainment. For example, you are signed up for a 5K fun run in the middle of the month. As you complete the registration process a few weeks before, whether online or in person, you will be asked to agree to a set of terms and conditions. A part of these terms is acquiescing to a waiver of liability against the organizer of the 5K and any of their partners or providers. Typically, you are asked to approve these terms and conditions before submitting payment or personal information. Some organizations still require a separate waiver when you arrive on the day of the 5K. What is the effect of signing these liability waivers, and how do they affect your claim for a slip and fall injury if you are hurt during the event? What is a Liability Waiver? A liability waiver is a contract between two parties. As with all other legal agreements, these waivers can be between two individuals, two businesses, two other entities, or a combination of these. Generally, the terms of these agreements deal with liability for accidents, injuries, and illnesses that might result from a particular activity or event. More specifically, one party to a wavier liability agrees to forego any negligence-based injury claims against the other party. Most liability waivers will include a list of accidents...

5 Decorating Safety Tips to Keep Your Holidays Merry and Bright

With the passing of Thanksgiving, the holiday season is officially upon us. It’s that time of year when colorful lights, wreaths, and Christmas trees are going up, and families are recognizing their unique traditions through a manger, menorah, kinara, and many other decorative items are adorning mantles and tables all over the United States. While these beautiful and symbolic decorations create the atmosphere of the winter holidays, they can also deafen your cheer in a matter of minutes. Each year, there are over 1,500 fires that start with holiday decorations, and that number doesn’t even include the indoor Christmas trees that catch aflame. The damage from Christmas tree fires each year is upwards of $16 million. The U.S. Fire Administration says their busiest time of year is the months of November, December, and January. These fires are responsible for several deaths and many injuries, not to mention the expense of property damage. Injuries and costs also arise from slips and falls when hanging decorations, and similar accidents taking down the festive fare. All in all, the decorations you count on to make the holidays merry and bright are a risk to the season. Here are some holiday decorating safety tips:   #1: Purchase a Fresh, Green Christmas Tree If you celebrate Christmas, then the biggest fire hazard in your house is the giant fir tree you decorate each year. In particular, many artificial trees are at risk of going up in flames. You can reduce the chances of a Christmas tree fire by buying a fresh tree that is still green and healthy. In the right condition and with...

Suing for an Injury at a Florida Golf Course

Florida is home to over 1,260 golf courses. Due to the temperate climate of the state, it’s common for each of these courses to be played every single day of the year. The largest golf courses will welcome hundreds of golfers a day, 365 days a year. For the most part, play proceeds on these courses without disruption or incident. However, given the sheer number of people participating in the sport in Florida, it comes as no surprise that accidents and injuries do occur. On courses throughout the United States, over 40,000 golfers are injured each year. The majority of these injuries occur because of collision between errant golf balls and unaware golfers. Except, Florida leads the country in the number of golf cart injuries each year. Other golf injuries include tripping out on the course or in a clubhouse, sprained ankles from stepping in divots or unnoticed holes, cracks in parking lot concrete and walkways, and head injuries from reckless swings or thrown golf clubs. If you suffer an injury at a Florida golf course, whether a head injury, golf cart crash or otherwise, what are your options for legal recourse? Who Is Responsible for an Injury? The first question a premise liability attorney must answer is who is responsible for the injury. Outside the legal context, this may seem a straightforward question. The responsible party is whoever hit the golf ball, drove the golf cart, or failed to repair a divot if you twisted your ankle while walking on the fairway. However, in legal terms, the answer is more complex. Certain golf-related accidents and injuries are assumed...

Suffering a Slip and Fall Injury Due to Heavy Drinking

Hopefully, by now, everyone understands the dangers and consequences of drinking and driving. But what are the legal ramifications if one happens to be drunk when they slip, trip and fall on a spill, dangerous staircase or improperly maintained driveway or parking lot at a shopping mall or restaurant? Can they still make a claim? With holiday parties around the corner- the eggnog will be flowing people are at a greater risk for suffering serious injuries to knees, ankles, legs, backs, arms, necks and even traumatic brain injuries- especially if intoxicated. But can the injured person make a claim for personal injuries if they are drunk in Florida? Like most things in law–it depends. According to Florida Statute §768.36 which is often referred to as the Florida Alcohol Defense Law, in a civil personal injury case, a plaintiff may not recover any money for an injury if at the time the plaintiff was injured  under the influence of alcohol or drugs and the was more than 50 percent at fault for his or her own harm. Under the law, “under the influence” is defined by having a blood or breath alcohol level of 0.08 percent or higher. In a  slip and fall injury case, insurance defense lawyers will almost certainly argue that the accident only occurred because the claimant was drunk or on drugs when they got hurt and was more than 50 percent at fault for the accident. This happens frequently when incidents occur at nightclubs and parties. This is why one of the first things our premise liability attorneys do when investigating any slip and fall is to...

How to Prevent an Accident on Black Friday

For many, Black Friday, which is the day after Thanksgiving- could and should easily be considered another national holiday. Most people take the entire day off to flood stores and shopping malls- in search of holiday bargains. Some even camp out the night before, just to be the first to rush to a Walmart to get the best deals on appliances and big screen televisions. I’ve seen the chaos on the nightly news, and to me, it looks like a circus; but recent research conducted by Progressive, the auto insurer- suggests that Black Friday is actually one of the most dangerous days of the year to be out on the road. According to the study, starting from Black Wednesday (the day before Thanksgiving to Cyber Monday (the Monday after Thanksgiving) is the most dangerous times of the year to be driving, period. According to the report, there are 34% more car accidents on Black Friday, 25% more accidents on the Wednesday before Thanksgiving, and 20% more accidents on Thanksgiving Day compared to the two weeks before and after this holiday week. This must be because people tend to be in a hurry to get to or from their destinations, maybe after having a little too much to drink. It is even worse for out of state drivers, who are more likely to get into a car accident while driving through New York, Pennsylvania, Texas, California, and North Carolina. BLACK FRIDAY CAR ACCIDENTS IN PARKING LOTS On Black Friday, the majority of car accidents happen in overcrowded parking lots that are at peak capacity with distracted holiday shoppers- in a...

Slip and Fall Accidents at Florida Grocery Stores

Dear Miami Slip and Fall Lawyer: Believe it or not, I slipped and fell on a banana peel. This is not a joke. I was shopping at a Publix grocery store for the Thanksgiving potluck lunch my office holds every year. I was pushing a cart full of frozen turkeys through the produce aisle when my left foot went out from under me. I fell hard onto my buttocks. When I looked under my shoe-there it was a black and oily banana peel. The produce guy came over and took the peel away and offered me a chair. Honestly, I was more embarrassed than hurt, or so I thought. I finished my shopping and went home. The next morning I woke up and my entire backside is black and blue. My roommate says it looks like I slid into third base. Not sure what that means, but I am sore. My boss does not pay me if I take time off from work, so I went in. But during the day the pain went from an ache to– I cannot sit down. My left leg kind of tingles- like I am on pins and needles. I am in the emergency room now waiting to be seen. But I am afraid that I am going to have big bills from this- and what if something is really wrong? Can I make a claim against Publix even though I didn’t file a report and didn’t get the name of the produce guy? I am pretty sure I could pick him out of a lineup- if they do those kinds of things,...
Facebook IconYouTube IconTwitter IconLinkedinLinkedin