While we are working hard to protect people from the negligence of others, there are simple safety steps can that can reduce your risk for spinal cord injury:
If the injury is caused or contributed to by the negligence of others, we can help http://www.seelielaw.com .
Though it may sound obvious, a slip or fall can be dangerous. Most attorneys in Florida do not take slip and fall cases without taking a long hard look at them. The law of slip and fall injuries encompasses a number of layers to prove fault.
Determining the fault can often be very complicated and confusing. Moreover, it needs a thorough study of the facts to determine whether the conditions were actually dangerous and that the property owner was aware of the hazard. I want to make sure that the hazard is NOT open and obvious. In such situations, you may need to be represented by an efficient slip and fall attorney.
It is the duty of the slip and fall attorneys to explain the injured client about the responsibility of both the property owner and the injured person. It is the duty of the property owner to keep the property safe, but the invited guest also needs to watch out where they are going.
Generally, the report of a slip and fall accident is completed at the time of the incident. It includes a brief description of the incidents, the conditioned that caused the accidents as well as the name and statement of the witnesses. Other relevant information are also included.
In case the report was not prepared at the time of occurrence, or in case it occurred in a private place or was not witnessed by others, it is the responsibility of the slip and fall attorney to ask the victim to compile the report. It is better if you can provide photographs of the area.
Plaintiff, age 42 slipped and fell on water on a tile floor leading to a restroom in a movie theater, She suffered aggravation of a preexisting condition necessitating two cervical and lumbar fusion surgeries.
Plaintiff sued the movie theater alleging failure to place available runners or warning signs alerting patrons about water tracked in during a storm.
Defendant contended that it did not have time to put out signs, but plaintiff pointed out that at least a hundred patrons had entered the theater at least for 30 minutes after the storm and before her and thus they should have taken precautionary measures.
Florida Law states that the person or entity in possession or control of business premises owes a duty of reasonable care to maintain the premises in a reasonably safe condition for the safety of business invitees on the premises. In this case, the movie goer was the “business invitee”.
But In any civil action for negligence involving loss, injury, or damage to a business invitee as a result of an object or substance on the floor, the injured party shall have the burden of proving that:
(a) The person or entity in possession or control of the business premises owed a duty to the claimant;
(b) The person or entity in possession or control of the business premises acted negligently by failing to exercise reasonable care in the maintenance, inspection, repair, warning, or mode of operation of the business premises. Actual or constructive notice of the transitory foreign object or substance is not a required element of proof to this claim. However, evidence of notice or lack of notice offered by any party may be considered together with all of the evidence; and
(c) The failure to exercise reasonable care was a legal cause of the loss, injury, or damage
While often times it seems evident to the person injured that the business was responsible for the injury, it takes an experienced trial attorney familiar with the details of proving these types of cases.
The parties settled during mediation for $750,000.00
