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 to his or her if at the time the plaintiff was injured or was under the influence of alcohol or drugs. Under the law, “under the influence” is defined by having a blood or breath alcohol level of 0.08 percent or higher and the plaintiff was more than 50 percent at fault for his or her own harm. 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...

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,...

Slip and Fall Accidents: The Leading Cause of Emergency Hospital Visits

Slip and fall accidents occur every day in our country and are the leading cause of emergency hospital visits. Our Miami personal injury law firm we investigate several hundred incidents a year. Not all slip and fall accidents are viable personal injury cases. That is because in order for someone to have a legal claim for compensation against the property owner in a slip and fall case they must prove each of several elements. In other words, simply slipping and falling or tripping and falling at a Florida business does not mean that the property owner is legally responsible to compensate the victim- regardless of how serious the injury is. FATAL FALL DOWN ACCIDENTS Statistically, according to the Bureau of Labor Statistics, more women will experience a slip and fall or trip and fall accident than men. And the most common injury from a fall is a fracture or broken bone. The most serious fractures resulting from a slip and fall usually involve the hip or pelvis. And while fall fatalities accidents are nearly equally divided between men and women, in nonworkplace accidents men are nearly twice as likely to die to fall at work than women. COMMON CAUSE OF SLIP AND FALL ACCIDENTS The most common cause of a slip and fall accident is the flooring. According to the Consumer Product Safety Commission (CPSC), floors and flooring materials contribute directly to more than 2 million fall injuries each year. That is in large part due to the lack of rules compelling manufacturers to provide consumers with information on the how slippery particular surfaces can be. The slipperiness or...

Can I Get Sued For A Child Injury If They Trespass on My Property?

The house I grew up in is located in Wichita, Kansas. In the 1970s, when I lived there, It was a large house, on a large piece of land, surrounded by other large houses on large pieces of land. Today, it abuts a freeway that cuts through Wichita; and virtually every surrounding house is gone. The home was built and owned by one of the founders of Wichita’s newspapers and featured a lot of very unusual architectural and designs. As a kid, it was a wonderland. It had a large fort for me to play in and a full sized dollhouse for my sister. And the backyard had an array of professional quality merry go rounds, horizontal monkey bars and still rings that were probably designed, built and installed in the 1950s. And since this was Wichita in the early 1970s, we would often look out our windows and find complete strangers in our backyard swinging and playing on these contraptions. Today, I am a personal injury lawyer practicing in Miami specializing in child injury cases– and I often think about just how dangerous our little playground was, not just for those who trespassed into our backyard, by simply opening the unlocked fence, but for my parents who could have been easily sued if someone ever got hurt (nobody was hurt as far as I remember) under the doctrine of Attractive Nuisance. Am I Responsible For A Child’s Injury on My Property if They Trespassed? According to Florida statute §768.075 property owners in Florida- generally, do not have a duty to warn undiscovered trespassers of dangers on their property....

Woman’s Slip and Fall Case Dismissed After Falling At South Florida Hospital

A Miami woman’s slip and fall personal injury case against a local hospital was dismissed by a Miami-Dade County Circuit Court judge.  The case was handled by another Miami slip and fall law firm.  According to the court’s file, Carmen Encarnacion claimed that she slipped and fell at Palmetto General Hospital at approximately 4:45 p.m. on March 11, 2011.  She was at the emergency room attempting to help her elderly mother, who had suffered a stroke. An ER nurse told Ms. Encarnacion that her mother had to be admitted to the hospital but that she would have to wait as there was no bed available. Five hours later Ms. Encarnacion says she saw an Emergency Medical Services (EMS) paramedic with a spray bottle in the hallway, cleaning a dirty stretcher. She then attempted to walk around the area where the paramedic was cleaning, but slipped and fell due to what she “guessed,” was liquid on the floor. Two years later she sued the Hospital and Hospital Housekeeping Systems claiming she fell on a spray being administered by the paramedic.  Then about six months into the lawsuit s. Encarnacion started to get confused as to who the many may have been but was certain  there were no wet floor sign, mop bucket, dripping mops, or food service items in the hallway; and the substance on the floor was “oily”, dirty”, and “dark.” About a month later, in her sworn deposition, Ms. Encarnacion asserted that the substance smelled like a cleaning product similar to “Pine Sol,” but was unable to testify how long the substance had been on the floor. Motion...
Facebook IconYouTube IconTwitter IconLinkedinLinkedin