April 7, 2016

Slip and fall settlements

When one is injured at a business, some of the first thoughts that tends to come to mind is the settlement that one will receive to cover pain and suffering. While slip and fall settlements do occur, it’s important to know when they occur so as not to waste time and money suing a business for an accident that the court will not deem their fault.

In cases where slip and fall settlements are paid, it is due to a business owner’s responsibility to keep their premises in a safe condition for the patrons that frequent their property not being fulfilled. It can be difficult to prove that your injury is a result of a business owner’s negligence, but it is possible.

What is a dangerous condition?

A dangerous condition could be just about anything that could cause a patron to slip and fall, trip and fall, or cause someone to be injured at a business property. For example, the dangerous condition could be a liquid on the floor, debris on the floor, slippery substance on the floor, etc.

In Florida, a business owner has a duty to keep their property free from dangerous conditions or warn their patrons of the dangerous conditions. However, if you are injured by a dangerous condition on a business owner’s property you must show that the business owner knew about the dangerous condition or that the dangerous condition existed for a long enough period of time that the business owner should have known about the dangerous condition.

Your safety is the priority

If you’ve been severely injured at a business property through no fault of your own, it’s completely understandable to be excited to take a business to court. Medical bills and the possible inability to work can come at an excessive price, so slip and fall settlements could save your sanity. However, before you start thinking about justice, you first need to think ab out your health and safety. Therefore, the following steps should be taken immediately after any injury:

  • First, if you are seriously injured, call 911 and seek immediate medical attention.
  • Second, make sure you notify an employee, supervisor, or manager of the accident. DO NOT be embarrassed by the fact that you fell or injured yourself; many times a business will deny that accident even occurred if it is not reported at the time it occurred.
  • Third, if you are capable, take photographs of the condition that caused your injuries. For example, if there was a substance on the floor, and you slipped and fell, take pictures of the substance and take pictures of the area showing that there were no warning signs. These pictures could help you prove your case.
  • Fourth, when you report the incident, put in writing that you want the business to save any surveillance video. Many times the business owner will have surveillance video of the incident, however, if you or your attorney do not request that the video not be destroyed, the business owner may fail to save the video.
  • Fifth, if there were any witnesses ask for their name and contact information.
  • Last, if you are injured, seek medical attention as quickly as possible.

Filing a claim

Filing a claim is very important if you fall at a business. If you or a loved one were injured from an accident, please contact us at Corless Barfield Trial Group for a free consultation. Further, continue reading this blog for more tips on how to execute a successful insurance claim and get the settlement you deserve.

You may also be interested in:

Grimes v. Family Dollar
Falling at a Business
Edwards v. Hy-Vee: Case Dismissed
Dominguez v. Publix: a Slip and Fall Case
Homeowners Insurance Personal Injury Claim: When You’re Liable
Spectator Injuries at Sporting Events: What to Know
What is Lost Earning Capacity?