Fort Lauderdale Slip & Fall Lawyer
A quick trip to the supermarket can unfortunately turn into a night at the hospital. Accidents can happen whether we’re taking risks on an ATV or just going about our normal day doing errands. Accidental falls, in fact, account for over 30,000 deaths annually, reported by the Center for Disease and Control and Prevention (CDC). Most of those are not at the fault of businesses or other establishments; however, if a store employee has just mopped a floor and caused you or a loved one to slip and fall, for instance, you may be able to collect damages if you can prove negligence on their part. Contact our Fort Lauderdale slip & fall lawyers for more information.
Falls Can be Deadly
While common injuries from falls include traumatic brain injuries, spinal cord injuries, broken collarbones, torn ligaments, and sprained joints, the biggest threat, especially to the elderly, is fracturing a hip. If a 65-69 year-old women fractures a hip, she is five times more likely to die within the year than a women of the same age who does not injure her hip, according to a study done by Kaiser Permanente. Women in general are more likely to fracture a hip than men, however men who are over the age of 65 are more likely to die within the year than women over the age of 65. Women 65 years or older have a 20.8 percent chance of dying within the year, while men have a 30.9 percent chance of dying, as found in a recent study.
The state of Florida imposes a duty of care upon businesses and other establishments to ensure their environments are safe for all those who enter. When this duty is breached, and causes someone to be injured, the owner of the business can be found negligent and become liable for compensating the injured victim. Slip and fall injuries can cost thousands, tens of thousands, and even hundreds of thousands of dollars in medical bills. You may also be able to receive compensation for your pain and suffering as well as lost wages.
Fort Lauderdale Businesses Owe a Duty of Care to their Invitees
Florida law requires that business owners keep their premises reasonably safe for all those who enter. Under this law, business owners must remain attentive to the safety of their premises at all hours of business. Inspections just once per day does not suffice. If the owner had knowledge of the unsafe environment, such as a slippery floor, they can be held liable. There are two types of knowledge that the state refers to in premises liability slip and fall claims.
Actual knowledge: an owner has knowledge by physically seeing, touching, hearing, or smelling, or by relayed information from an employee or someone else.
Constructive knowledge: while on notice, a business owner is expected to know of certain things through deductive reasoning. For example, by knowing that the roof is leaking but failing to check the floors for water, the business owner could be held liable for having constructive knowledge of an unsafe floor if someone is injured.
What to do if You Have Had a Slip & Fall Accident in Fort Lauderdale
If you have slipped, fallen, and been injured, you must prove that the business owner had knowledge of their unsafe flooring. Oftentimes, owners will deny any knowledge, so the first step a slip and fall victim needs to take is to gather evidence. Finding out specifically what caused them to slip is crucial, along with preserving evidence with photographs, keeping the shoes they wore on that day in the same condition back at home, gathering witness testimony, talking to the management of the business about the fall, and seeing a doctor. The final step is to contact an experienced Fort Lauderdale slip & fall lawyer at The Pendas Law Firm. Even if you were unable to gather all the evidence available the day of the accident, call us today and we can start working on your case. Our lawyers have extensive experience investigating slip and falls in the Fort Lauderdale area. We do not charge any fees up front, so contact us now to get started.