Slip and Falls Slip and Falls are not the easiest of cases to win. Why? Because the Florida legislature has made it hard for Plaintiffs to recover. A Plaintiff in a slip and fall must show that the store had notice of the foreign substance or liquid, and that the substance or liquid would have been found with reasonable inspection and that the store failed to inspect and allowed the substance or liquid to remain on the floor for an unreasonable time. What does this all mean. Well..normally in cases where stores can prove that the area had been inspected immediately before the fall or where someone falls due to a liquid that a customer dropped moments before, the store is more likely to have a better case. Why? Because they have complied with their duty to conduct a reasonable inspection. However, every minute that passes the better the case gets for the Plaintiff as simple as that. Most stores have video surveillance and not only for anti-theft but for slip and falls also. The funny thing is that all insurance or claims adjusters will tell you the same thing. "Oh well we have a video of the fall and the video is in our favor." I am amused when adjusters or attorneys from stores tell me this. I call them out on it every time and tell them, if the video is so favorable to you show it to me. Out of the dozens of slip and falls I have handled only have I been shown these infamous videos 3 or 4 times. Why? Because defense attorneys claim that videos are not discoverable because of work product privilege. Basically this is an excuse because most of the time videos are not that clear or they are not that favorable and if they are favorable to the Plaintiff they will not give it up. So, here are a few things you should remember about slip and falls. First if you slip and fall and you are injured, do not leave the store without completing an incident report. If you cannot fill it out have a relative do it for you. If you see witnesses it is not a bad idea to ask for their number and name if they are fellow customers at the store. Remember this, 95% of the time, employees of the store will not testify in favor of Plaintiffs in fear of losing their jobs. If you have a cell phone with a camera take a picture of the area and of the liquid or substance. Why? Because the store will argue that there were warning cones or barricades. I had an adjuster once lie to my face and said that one of my clients had fallen right next to a sign. I reviewed the photos my client gave me. The only cones in the area were at the entrance to the store about 4 aisles away from the spill. Adjusters DO NOT CARE ABOUT YOU OR WHETHER YOU ARE HURT. They only care about how much money they can save their client. So be aware of that. If you are seriously hurt please get rhe store to get you an ambulance especially if you have broken a bone or hit your head. Seek emergency care. If you need an operation seek an orthopedic medical surgeon who is qualified. Each case is different but if the store is negligent you should be compensated for your medical bills and pain and suffering. Final thing, keep your shoes since they may be evidence at a future time because they will argue that your shoes made you slip. DO NOT SIGN ANY PAPER THAT LOOKS LIKE A RELEASE WITHOUT TALKING TO AN ATTORNEY. Call Attorney Jonathan Torres if you have had a slip and fall in Florida.
Posted on: Thu, 29 Aug 2013 02:01:39 +0000
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