If you have been injured in a fall and are concerned about your medical bills, health, work and activities
You need to speak to a professional as soon as you can. Under Florida law, slip and fall cases are the most difficult to recover upon. The sooner you get your legal adviser involved the better your chances will be of making a financial recovery of your losses.
Florida law places the burden on you to prove that your fall was the result of the negligence of another, who may be the owner or controller of the place you fell within or upon. You have to prove that there was a “defect” that caused the premises to be unsafe for you to walk upon and that the cause of the condition was in the control of the owner and/or controller of the property, or that they failed to remove the defect within a reasonable period of time, causing a dangerous condition. This is not always easy. If you have no witness, do not know why you slipped and fell or fail to report the incident – you may be out of luck. Many supermarkets, drug stores, department stores and malls WILL NOT acknowledge any claim short of a lawsuit. Even though you may think you are “on camera” it is amazing how may cameras “were not working” or the tape has “gone missing.” Supermarkets can defend the case by showing that they did not have a reasonable period of time within which to become aware of the alleged dangerous condition and to thereafter reasonably take action to clean up the spill. In order to defeat valid cases, many supermarket chains require their employees to make regular “sweeps” of their aisles where spills and falls are commonplace, i.e. soda aisles, produce sections, dairy aisles and soap aisles. These employees then fill out a “log” indicating that at a certain time they made a visual inspection of the area and it was “clear.” Unfortunately, the employees who are tasked with floor maintenance and completing the log are the lowest tier of worker in the store – and they don’t always do what they are supposed to do. Many times the log has been filled in but no inspections made. Yet the supermarket will defend on the basis that they WERE NOT negligent even if they truly are.
Your best bet is to immediately report the injury and make sure you know what you fell on. Take photos with your cell phone of the “spill” or “slippery object” or ask another shopper to do so and email you the photos. Best of all – if you have a witness – get a name and number. AND – get medical treatment!
If you find yourself in such a position it is best to consult an attorney with substantial experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.
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