Premises Liability Law and a Business Owner’s Duty 

Premises liability is a legal term that often comes up in personal injury and slip and fall cases when a person is injured on someone else’s property, whether that be at a business or on someone’s personal property. This injury is usually due to an unsafe condition or undetected hazard on that property. Premises liability cases are based on laws of negligence. In order to have a successful claim, the injured person must show that the business owner was negligent in his or her ownership or maintenance of the property. Negligence means the property owner failed to use reasonable care with respect to the condition of the property and because of this failure, an injury occurred. The dangerous or hazardous condition does not have to be specifically known by the business owner. All that has to be shown is that the property or business owner knew or should have known of the unsafe condition and failed to take the steps necessary to fix it. This means that the property or business owner has a duty of routinely inspecting his or her property to ensure that there are no unforeseen hazards that could hurt others while on their property. Property owners are charged with the duty to ensure that the property is safe for anyone who enters his or her property, but this duty extends even further for those who are considered invitees and licensees on the property. An invitee is someone who has the property owner’s express or implied permission to be there, such as friends, relatives or neighbors. A licensee is a person who has the property owners...

Common Causes of Slip and Fall Accidents

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...

Important Steps to Take After a Slip and Fall Accident

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...

How Much is Your Slip and Fall Case Worth?

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...

Ways Seniors Can Avoid Slip, Trip and Fall Accidents 

Ways Seniors Can Avoid Slip, Trip and Fall Accidents  According to a recent statistic from the Centers for Disease Control and Prevention, approximately a quarter of all seniors over the age of 65 suffer a serious fall every year. These falls can happen anywhere, whether it is at home, a grocery store, hotel or at a shopping mall. On an annual basis, slip and fall accidents account for 2.8 million injuries and 27,000 fatalities for the nation’s elderly. The injuries can include trauma to the head, as well as bone fractures and lacerations.  Here are some tips to help seniors avoid slip, trip and fall accidents. Clear the Floor One of the biggest causes of slips, trips and falls is clutter on the floor. It can be beneficial to regularly check the floor for any hazards that could cause someone to trip and fall. These hazards can include liquids on the floor; merchandise left in walking paths or even bunched up rugs or mats. Anything that a normal person would not expect in his or her walking path needs to be cleared and routinely checked.  Clean Up Messes or Spills Accidents can happen, especially in the retail industry. As soon as an accidental spill or mess is made, the store has a duty to immediately clean up spills as soon as they happen. Messes or spills should also be cleaned up as soon as they happen in the home. This helps prevent a slip and fall accident from occurring in the home. Routinely Exercise Muscle weakness is a big contributor as to why seniors suffer slip and falls and...

Tips to Help You Recover Following a Slip and Fall Accident

Injuries sustained in a slip and fall accident can be serious and debilitating. Slip and fall injuries are one of the most common causes of visits to the emergency room and are easily the leading cause of many workers’ compensation cases. However, certain tips can help the injured individual recover following a slip and fall accident. While the injured individual’s doctor will have specific recommendations that are key to recovery, the following recovery tips can help, as well, and should be kept in mind: Ensuring the Diagnosis is Correct Before moving into a recovery plan, the injured individual needs to make sure that he or she has received the correct diagnosis from a skilled and competent doctor.  In situations where the injury is severe, the person may need to go to the emergency room. The person may also need to follow up with a specialist, depending on the injury. It is extremely important that the patient give all of the symptoms he or she is experiencing, including all of the details of how the slip and fall occurred. The doctor may want to conduct some tests to properly diagnose the injury, and it is equally important that the patient follow up by attending all of the appointments and taking the needed tests. Eat Well and Get Plenty of Rest The injured person’s body needs to properly recover following a slip and fall injury. Sleep allows the body to heal wounds through the process of cell division, protein synthesis and the rebuilding and growth of tissue. Further, the body needs proper nutrients to repair itself and fight any infection that...
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