ORLANDO SLIP AND FALL ACCIDENT LAWYERS
ORLANDO SLIP AND FALL ACCIDENT LAWYERS
Were You Injured in a Slip and Fall Accident in Orlando?
Slip and fall accidents can lead to serious injuries. The accident can happen to anyone and anywhere. The owner of the place where the accident has occurred is liable to compensate you for any serious injuries sustained in a slip and fall accident.
According to the National Floor Safety Institute, nearly 8 million emergency room visits each year are due to slip and fall injuries. The injury is the common cause of worker compensation claim.
You should understand the steps you should take following a slip and fall accident. This is important so that you get compensation for the injury caused because of neglect of another party.
Common Causes of Slip and Fall Accidents in Orlando
From uneven to slippery surfaces, slip and fall accidents can occur due to many reasons. Here are some of the major causes of slip and fall accidents.
The major cause of a slip and fall accident is a slippery surface. Leaky roofs, spilled liquids, and mopped floors can all increase the risk of a slip and fall accident. In addition, recently waxed surfaces can also increase the risk of a slippery surface.
A property owner is also liable if the stairs are made of polished wood surfaces. The owner will be liable for preferring aesthetics over safety.
Hazardous Weather Conditions
Some outdoor slip and fall injuries occur due to hazardous weather conditions such as ice, snow, or rain. The municipality and homeowners alike have the responsibility to clear the streets, sidewalks, and walkways. Failure to do so can result in legal actions against the guilty party.
Poor lighting is another cause of slip and fall injuries. Stairways should be properly lit at all times. If anyone slip and falls due to the improperly lit stairway, the owner of the premises will be liable for the injury.
Due to improper training, construction and manufacturing workers can get injured due to a slip and fall accident. Employers are responsible for proper training of the employers. An employer that does not train workers on how to navigate through narrow walkways and slick surfaces will be held liable for a slip and fall injury.
A property owner will also be liable for a slip and fall injury due to cluttered walkways. Torn carpeting, loose floorboards, and improperly placed rugs are some other instances that contribute to slip and fall accidents due to uneven walkways. Items such as a toy or other objects stuck to the ground can also lead to slip and fall accidents.
Damaged floors are also being a cause of slip and fall injuries. You can trip and fall due to cracks in the stairs. Moreover, degraded or missing handrails can also lead to a slip and fall injury. A slip and fall court case can also result if the handrail is poorly installed due to which it cannot support the weight.
Footwear without Proper Traction
Footwear without proper traction can also contribute to slip and fall accidents. Many slips and fall accidents occur due to faulty footwear. The footwear that don’t offer proper traction can result in a slip and fall injury.
Common Injuries Due to Orlando Slip and Fall Accidents
Among the common injuries that happen due to a slip and fall accident include the following.
Hip Fractures — Over 90 percent of slip and fall injuries result in hip fractures. The injury generally requires surgery and hospitalization. Surgery may include an artificial hip implant that can be costly.
Brain Injuries — Slip and fall also lead to traumatic brain injuries (TBI). The injury can be severe causing permanent disability. A lot of brain injuries also prove fatal. Intracranial bleeding may occur after an injury that can be fatal if not treated quickly.
Spinal Cord Injuries — Spinal cord injuries can result in permanent disability. The vertebrae can be fractured due to falling on a slippery surface. Also, spinal cord discs can change the position that can lead to paralysis.
Most spinal cord injuries are life-threatening. The injuries require immediate medical help. They are the most costly injuries to treat with the cost of treatment amounting to millions of dollars in the first year of injury.
Fractured Bones — Slip and fall accidents can lead to minor or serious bone fractures. The tissues that surround the bones can become damaged thereby requiring complicated surgery. The injury can also lead to neuromuscular dysfunction and chronic pain.
Prompt medical intervention is necessary for the recovery from fractured bones. Diagnosis of fractured bones is not possible without an X-ray. You should contact a medical professional when you experience concentrated pain in the joint or bone.
Slip and Fall Injury Statute of Limitations
You need to take action fast after a slip and fall accident in Florida. The statute of limitation in Florida mandates that personal injury cases should be filed within four years after an injury and two years after a wrongful death.
The date accrues from the moment the injury due to slip and fall becomes evident.
Make sure that you file a slip and fall accident case within the period prescribed in the statute of limitation. You can’t file a claim after the period has passed.
Determining Liability in a Slip and Fall Case
Determining liability in a slip and fall case requires that you prove that the property owner had caused the condition that resulted in a slip and fall accident. Also, you should prove that the property owner could have reasonably foreseen that the person could be injured due to the dangerous condition.
You also have to prove that the property owner should have recognized that the dangerous condition exists and repaired or removed the danger. The main question here is whether you should have reasonably identified whether the defendant had the opportunity to remedy a situation.
The key term in proving a trip and fall case is a reasonable action. To prove that a property owner had acted negligently. You need to prove in court that the property owner had failed to take actions that a reasonably prudent person could have taken under a given condition.
In proving negligence, a property owner can be totally or partially negligence.
- Partial Negligence — A property owner is partially responsible if the victim is partly responsible for a fall.
- Total Negligence — Total negligence occur if the property owner is totally responsible for the fall resulting in serious injuries.
The rules regarding total negligence are clear. The guilty party has to compensate the injured person for the injuries.
However, states rules differ in case of partial negligence. Some states have contributory fault rules while others have comparative negligence rules. In the case of contributory negligence, the victim cannot collect any compensation if found to have even a slight degree of responsibility for the injury. On the other hand, in case of comparative negligence rules, the victim’s claim is reduced by a percentage of the responsibility in a slip and fall case.
In the state of Florida, comparative negligence rule is in place. A victim who bears 30 percent of the blame in a slip and fall case will be able to collect only $7,000 out of the total damages of $10,000.
Why Hire an Experienced Orlando Slip and Fall Attorney?
Proving negligence in a slip and fall accident cases is not easy. You need to collect a lot of evidence to prove the guilt of a person without any reasonable doubt. By hiring a personal injury attorney, you can benefit in more than one ways.
Collect Evidence to Prove Guilt
A professional slip and fall lawyer will know what evidence to collect to prove the guilt of the defendant without a reasonable doubt. The attorney will sift through evidence and interview people in order to determine the liability of a slip and fall accident. This will save a lot of time and stress involved in proving liability in a slip and fall accident cases.
Maximize Compensation Amount
Another benefit of hiring an experienced slip and fall lawyer is that it will increase the likelihood of maximum possible compensation amount.
A professional lawyer will use different methods to accurately determine the costs of a slip and fall injury. The costs do not just include financial expenses, but also psychological problems associated with the injury. They will make sure that you get the maximum possible compensation amount due to injury.
Handle First Party Coverage
First party coverages include coverages on own policy to maximize the recovery on personal injury accident claim. An experienced attorney can save you lots of money by handling first party coverages. Handling the first party coverage involves lots of complexity that is not possible for a layperson.
How An Orlando Slip and Fall Attorney Can Help
At Shiner Law Group, we have a team of experienced attorneys with years of experience in slip and fall cases. Call us today at (855) 462-6878 to schedule a free, non-obligation initial meeting with an Orlando slip and fall attorney today.
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