Parkland Slip & Fall Attorney
The full trauma of a slip and fall is often unknown until weeks or months later, when the victim is still struggling with chronic pain and debilitation long after the day day of the injury. Slip and falls affect everyone from young to old, and injuries range from soft tissue such as torn muscles, lacerations, and torn ligaments, to serious fractures, traumatic brain injuries, and spinal cord damage. Thousands of people die each year from slip and falls, many of whom are the elderly who end up never getting out of the hospital after a complication with a fractured hip or limb turns into bronchitis or an infection. Property owners and business owners have a duty to everyone who lawfully comes onto their premises, and this duty of care includes creating and maintaining safe, clean, and uncluttered walking spaces. When a slip and fall occurs, they can be held liable for the victim’s damages. At the Law Offices of Barry S. Mittelberg, our seasoned Parkland slip & fall attorneys are dedicated to helping you receive the compensation you deserve.
Real Vs. Constructive Knowledge of a Hazard
Property or business owners with real or constructive knowledge about a hazard have a duty to promptly fix that hazard. For example, if a business owner or employee saw a spilled jar of pickles on the floor of a grocery store, they would have real knowledge of the hazard and be expected to clean up the mess or at least put up temporary hazard signage. An example of constructive knowledge would be if a certain shelf was known to be rickety, causing items to fall somewhat regularly. It could be constructed that a jar or other item is likely to fall off and cause a slip, trip, and fall hazard. The business owner in this case still has a responsibility to fix the shelf as well as clean up any hazards on the ground.
Numerous Statutes Protecting Slip and Fall Victims Depending on The Type of Premises
There are various liability laws that may be relevant to your case depending on the type of property in which your accident occurred. In most circumstances, the property owner or business owner has a responsibility or a “duty of care” to regularly inspect and maintain the premises to keep it safe for all invitees, or people who are there lawfully. Even those not lawfully on a premises have the right to sue if they get injured in a slip and fall. A property owner has a duty to not intentionally create hidden hazards that might injure a person unlawfully walking on the premises.
What Are Your Damages?
Injuries heal at different rates and to varying degrees of success. Most of the healing regarding a serious traumatic brain injury occurs in the first six months, then slows. Patients may continue to recover slowly over years, and improvements vary from person to person, according to Model Systems Translation Center. Doctors do not know what makes one person heal faster or more fully than the next, though it is well understood that older people heal more slowly than young people, according to research, therefore incurring more medical expenses and pain and suffering. Because it takes so long to understand the full scope of a serious injury and what the victim’s outcome will be, it is important to take the time to fully understand what each victim’s damages are. In addition to medical expenses, you may be able to recover the following:
- Lost wages;
- Lost earning capacity;
- Loss of joy of life;
- Pain and suffering;
- Emotional distress;
- Future medical cost procedures; and
A Slip and Fall Attorney Can Help Your Financial Future
Property owners and their insurance companies do whatever they can in their own best interests, and this usually involves denying liability or downplaying a slip and fall victim’s injuries. The Parkland slip and fall attorneys at the Law Offices of Barry S. Mittelberg are here to make sure that they are unsuccessful in these attempts. Call us at 954-752-1213 today to schedule a free consultation.