Articles Posted in Slip/Trip and Fall

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Purchasing groceries from a super market comes with the an unspoken trust. We expect that the grocery store has taken proper care of the food throughout the distribution and transportation process, as has stored the food at a safe temperature inside the super market.

As a recent Pinellas Circuit Court filing reminds us, super markets are required to do much more than simply keep our food safe; they must also maintain a safe environment for all of the patrons on the premises.

Just last month, a Winn-Dixie in Miami Lakes was forced to pay more than $4.8 Million for pain, suffering, and future medical expenses to a patron that slipped and fell on an unidentified puddle of water.

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The Walt Disney Parks and Resorts Orlando location had more than 55 million visitors to “The Happiest Place on Earth” in 2017 alone. Formally known as Walt Disney World, the theme park has branded itself as the picture perfect getaway destination for children and families alike. Many South Florida residents consider Disney World an ideal weekend escape thanks to its proximity, yet few know of the dangers that can arise on Disney’s various properties.

The entertainment and media super-conglomerate is no stranger to personal injury claims, as Disney has negotiated settlement agreements with guests when it knew or should have known of the dangerous condition that caused a guest’s injuries. Following the horrific wrongful death of a two-year-old boy at Disney’s Seven Seas Lagoon in June of 2016, two additional lawsuits alleging Disney’s negligence were filed in Orange County Circuit Court last month.

On July 25th, a Palm Beach County resident filed a complaint against Walt Disney Parks and Resorts US Inc. The complaint alleges that Disney negligently failed to act with reasonable care for the guest’s safety. The man in question was injured in the stairwell of Disney’s All-Star Music Resort, after he slipped and fell on a wet substance.

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According to the U.S. Center for Disease Control, sports are second only to motor vehicle crashes as the leading cause of concussions for people between 15 and 24 years old, and the number of concussions is on the rise. Parents, schools,  day care centers, and sports coaches better understanding the serious long term risks that come with brain injuries and being more likely to seek medical attention after head injuries. To avoid injuries, adults can not just pa attention to what happens on a sports field, but also keep children from getting hurt in backyards, on playgrounds, in parks and at school.

Recognizing the dangers and the signs of serious brain injuries is important. While head injuries are common and usually minor, some children– including those that appear to be well immediately after the head trauma actually have more severe injuries. These children are at risk for their condition to deteriorate or also suffer significant chronic complications that stem from that injury. In fact, despite better initial recognition of brain injuries, many adults underestimate how much recovery time is necessary after a suspected concussion, or the children themselves say they feel fine and ask to return to normal activities.

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Many of us have great memories of amusement parks from our childhood. Family trips to amusement and water parks are a favorite American summer past time. The rides and attractions provide thrilling experiences that we can share with friends and family. Most of us will never have the chance to live out the adventures amusement rides and attractions offer us like enter a cartoon universe, fly to the moon, drive a race car, explore a haunted mansion, experience zero-gravity or spin around in teacups.

Unfortunately, while we trust amusement park operators to create these experiences for us in a safe environment , sometimes they fail.

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Dressers leading to the death of small children sounds like a bad horror film. However, this unfortunate series of events has been a reality for at least three families so far. Sold in several small pieces requiring extensive instruction and a bit of time are the typical furnishings purchased from the Swedish company, IKEA.

IKEA is a leading furniture seller across the world and valued itself at over 11 billion dollars in 2012.1  IKEA has been aware of the danger posed by the dressers and made a first attempt to remedy the defect by providing kits to every purchaser of the dressers with instructions to secure the dressers to the walls where they will stand. Unfortunately, this did not solve the problem and another infant death followed. After tragedy struck again IKEA made the decision to recall the dressers. The IKEA website describes the recall as follows.

The recall affects children’s chests and dressers taller than 23.5 inches and adult chests and dressers taller than 29.5 inches … manufactured and sold through June 2016 and include the 3-drawer, 4-drawer, 5-drawer and 6-drawer models. Other IKEA chests and dressers in this recall were sold at various times through June 2016.”

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Someone rear ends you or hits you as your driving down the street. At the moment you don’t notice any pain or obvious injuries but as the weeks go on you notice discomfort in your neck, back, knees or other parts of your body. A common misconception among those injured in auto accidents in Miami is if they do not make the claim for injuries immediately after reporting the accident they are barred from recovery for injuries developed or intensifying in the future. Or you notice that the auto shop you took your car to for repairs did not adequately or completely make the fixes to your vehicle. These situations are common in the Miami- Dade, Coral Gables and all other surrounding areas in South Florida.

Every state has a statute of limitations that dictates how long a party has to bring a claim against those that injured them or breached the contract or duty owed to them. In Florida the statute of limitations includes but is not limited to the following:

Injury to Person 4 yrs. §95.11(3)(o)
Libel/Slander 2 yrs. §95.11(4)(g)
Fraud 4 yrs. §95.11(3)(j)
Injury to Personal Property 4 yrs. §95.11(3)(h)
Professional Malpractice 2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b)
Trespass 4 yrs. §95.11(3)(g)
Contracts Written: 5 yrs. §95.11(2)(b), 1 yr. specific performance§95.11(5)(a)Oral: 4 yrs. §95.11(3)(k)
Judgments 20 yrs. domestic §95.11(1); 5 yrs. foreign judgment §95.11(2)(a)

From: http://statelaws.findlaw.com/florida-law/florida-civil-statute-of-limitations-laws.html

For a more complete list of the applicable statute of limitations in Florida see Florida Statute 95.11

Statutes of limitations involve many exceptions and cross reference with other applicable Florida laws. To assist in what can be a difficult area to understand and navigate the Experienced Personal Injury Lawyers at Friedland | Carmona are ready and eager to assist you immediately. Having a lawyer familiar with this area of law and experienced in handling all types of cases can make all the difference in the outcome of your claim.

The South Florida personal injury attorneys at the Friedland | Carmona handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including dog bites, wrongful death, defective products, medical malpractice, slip and falls, negligent and reckless drivers, and automobile and motorcycle accidents. Call the Miami personal injury attorneys today and let our family take care of your family.

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Personal injury law is utilized when someone causes physical harm to another and the injured wants to be made whole or compensated for that injury. The experienced attorneys at Friedland | Carmona provide free consultations to those who believe they may have a case and are seeking more information on the options available to them. Examples of situations when people normally seek personal injury lawyers in Miami, Coral Gables, and the surrounding areas include but are not limited to:

Auto accidents,

Trip and falls/slip and fall: There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. In any event, the plaintiff must have sustained some kind of injury, however minor, in order to collect, http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accidents-overview.html

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Wal-Mart has over 290 locations just in Florida. Every year there are several cases brought against Florida Wal-Mart’s by customers who are injured while conducting business at the various locations. Wal-Mart has had to pay verdicts involving amounts in the several of thousands to several millions of dollars range due to their negligence in certain cases.

Wal-Mart, as does many businesses throughout the Florida and surrounding areas, invites the general public to come onto their properties lawfully for a multitude of reasons including browsing. Since Wal-Mart receives the benefit of their invitees on the property they have a legal duty to create and maintain a reasonably safe environment for all who enter the premises. Unfortunately, it is not uncommon for liquid substances to be left on the floor, shelves to protrude into walkways or fall because they are defective, for merchandise on the top shelf to topple onto someone passing by or for other accidents to occur regularly.

If you are injured at any business location and suffer personal injuries it is important to consult an attorney about the facts and details surrounding your accident. A Florida attorney can assist you in assessing whether the business breached its duty (or broke their obligation) to maintain the premises in a safe enough condition for you to lawfully enter onto and conduct business without being injured.

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When people consider going to a spa or a beauty salon, they imagine themselves relaxing, distressing; an enjoyable experience. They go to beauty salons to boost their self-confidence and to feel better about themselves. However, for some people, going the spa experience can become their worst nightmare. As technology evolves, and the search for the fountain of permanent youth continues, cosmetic treatments are using powerful chemicals that may cause serious and permanent injuries when they are handled negligently.

Some of the injuries that occur at these stores include: Infections, burned scalp from hair dyes or other chemicals, disfigurement, baldness from hair braiding or extensions, neck injuries, and, less commonly, “beauty parlor strokes.”

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According to the Centers for Disease Control and Prevention, over 8.9 million people suffered non-fatal injuries in the United States in 2012 from slip and fall accidents. Slip and falls were also the leading cause of non-fatal injuries that year. Additionally, over 17, 000 people die in the U.S. annually because of these injuries.  Slip, trip and fall injuries make up 15 percent of all job related injuries, which account for between 12 and 15 percent of all Workers’ Compensation expenses.

Let’s say you’re grocery shopping in one of the aisles of your favorite supermarket and suddenly you slip on a liquid substance and fall and suffer grave knee injuries. Here are our recommendations of the steps you should take following the fall.

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