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Category: Slip And Fall Injuries

  • Are you hurt due to a restaurant owner’s breach of care?

    You expect to leave a restaurant with a full stomach, not a catastrophic injury. But due to the nature of restaurant operations, you may be subject to inherent slip-and-fall risks around their premises. Some common hazards include wet and greasy surfaces, slippery substances, loose wires and uneven parking lot walkways.

    Therefore, restaurant owners owe you a duty of care to act like any reasonable person would in protecting you against potential dangers. For example, you fall and hit your head due to a deep step that is barely recognizable with poor lighting. In this scenario, the restaurant owner breaches their duty of care if they are aware of this foreseeable hazard and fails to address it appropriately. In effect, you sustain a traumatic brain injury, miss days at work and endure incredible pain and suffering.

    Now, you might ask yourself, what duties does a restaurant owner owe you to keep you safe?

    Restaurant duties

    Florida restaurant owners must adhere to specific state regulations to ensure their patrons’ safety. One of their primary responsibilities is to maintain the sanitary conditions of their restaurants. This measure extends across their facilities and equipment, especially in high-risk areas, such as restrooms or toilets.

    Aside from preserving cleanliness, every restaurant must:

    • Have an updated license to operate and only serve food or drinks suitable for human consumption
    • Administer a state-approved training program for their employees, who must receive certification within 60 days of their hiring date
    • Remove any “undesirable guest” – or someone drunk, drugged, spewing profanity, not paying for their order or anyone wreaking havoc and causing harm to other guests – from the premises

    If you are not a customer but a restaurant worker, you might be equally anxious about how to go about your situation. Before dealing with legal considerations, you must also seek medical attention. If you require surgery or any serious medical procedure, you might not be able to return to work soon to focus on your physical recovery.

    Per Florida law, you may be eligible for your employer’s workers’ compensation insurance. To receive benefits, you must immediately notify your supervisor or any human resource representative about the incident. Then, you must also establish that the incident happened within the premises of your workplace while performing work-related tasks.

    A safe restaurant visit

    It’s tragic when all you want is to have a good meal at your favorite restaurant but end up suffering severe injuries. When this happens, you must have sufficient proof to support your claim to receive the compensation you urgently need to cover your medical bills during these difficult times.

  • Why are elders at risk of severe fall injuries?

    Everyone might slip and fall at some point in their life. Children or toddlers could fall as they learn to balance and walk properly. Athletes might tumble while competing or practicing. These individuals might suffer physical harm during these incidents, but they could be mild and require little to no medical care. However, other age groups could have significantly different challenges.

    Elders tend to suffer from serious harm because of their age and health conditions, making them more prone to experiencing bad falls. Sometimes, their medication could affect their coordination and balance, increasing their risks. Around three million elders go to the emergency room annually for injuries caused by falls. Also, one in five fall incidents leads to severe physical harm, such as head trauma and broken bones. Their injuries tend to require extensive medical care, resulting in considerable expenses that might be too much for them to cover.

    Medical costs for falls accumulated over $50 billion in 2015 alone, with only 75% of it receiving Medicare and Medicaid coverage. If a slip-and-fall hospitalizes an older adult, their resources might not be enough to pay for their treatments.

    Protecting elders with prevention

    Fortunately, older adults and their families could take preventative measures to avoid fall injuries. They could pay attention to preventing foot pain with quality footwear, clearing potential obstructions on the floor and improving balance with light exercise.

    However, they might only implement these steps at home. In public, risk factors could be unpredictable, especially in places of business. If an elder falls in a grocery store or shop due to someone else’s negligence, they might be able to pursue compensation, depending on the circumstances. Doing so could help cover their expenses, especially if they sustained severe injuries.

  • Did you slip and fall on government property?

    Imagine running your errands on an average day without knowing that it’ll be fateful when you must contemplate suing the government for your tragic slip-and-fall injuries on their property.

    Your slip-and-fall incident may have occurred in government-owned and -maintained locations such as offices or buildings, public sidewalks, libraries and parks. If you’re strong-willed to pursue a personal injury claim, you must know that there are varying processes, timelines and awards for each government level involved in your case.

    Florida’s sovereign immunity law

    As much as you’re determined to file a lawsuit, it won’t be as straightforward as you hoped. Sovereign immunity prevents an average citizen from suing U.S. state or federal governments for monetary damages in negligence-based personal injury claims. However, this legal protection differs per state.

    Under Florida’s statutes, you may only file a lawsuit against the state government if their employee’s actions led to your injuries. In the most catastrophic cases, even death is possible. But the state’s waiver includes three limitations:

    • Damage caps: $200,000 against a government agency and $300,000 for multiple government agencies. If you believe you deserve more than these specified amounts, you may file a petition to request more damages.
    • Intent: You may not hold any state employee liable unless their actions were committed maliciously, in bad faith or caused human rights infringement.
    • Punitive damages: You cannot collect punitive damages on top of your compensatory damages.

    Further, the Federal Tort Claims Act (FTCA) adds another level of complexity. Before filing an administrative claim, you must first assess if your situation is permissible under the FTCA guidelines. If your situation applies and you have adequate proof to support your claim, you must ensure filing it on time. Florida’s statute of limitations specifies that you have four years since your slip-and-fall accident. After which, the FTCA allows six months for the government agency to either agree to or refuse your claim.

    Addressing legal adversities

    With extraordinarily complex laws under consideration, it will be too overwhelming to tackle the process on your own. You would not want to risk missing deadlines and misinterpreting important government statutes. You may seek the help of a legal counsel who could ease your worries and help you receive a fair judgment for your personal injury claim.

  • Should I visit my doctor after a slip and fall?

    Slip and fall injuries might not always seem serious, but sometimes they necessitate a hospital trip. If you experience the following signs and symptoms, seeing your doctor can help preempt severe complications.

    Popping or snapping sound

    If you heard a popping or snapping noise during or immediately after your fall, it is possible that you suffered a fractured bone or dislocated joint. Ignoring this sign and going on with your day may result in further damage to any injured body parts.

    Aches and pains

    Pain is a common and immediate sign that something is wrong with your body. For example, if the sensation is close to vital body parts, such as your back and chest, it might indicate damage to your spine and ribs.

    Unconsciousness, confusion, or nausea

    Movies and TV shows often make light of these symptoms, but falling unconscious or feeling dizzy after a fall may point to significant head injury. Immediate medical attention can help reveal and address damage to your brain, spine, and other organs.

    Delayed symptoms

    It is possible that you might not even feel anything after your injury, but this does not necessarily mean you are entirely uninjured. Some injuries do not show symptoms until several hours or days after the incident. For this reason, it is crucial that you stay alert and watch for any unusual sensations and changes in your body following a slip and fall.

    Treatment and recovery often become more expensive when your injuries result in severe complications. Prompt medical attention can help prevent your condition from worsening and enable you to return to your job and everyday activities sooner.

  • How to avoid winter slips and falls

    As winter approaches the danger of slips and falls increases. Even in sunny Florida, rain, snow, and sleet make surfaces slippery and more dangerous. However, there are things that you can do to ensure that you stay safe.

    Have a plan

    Be knowledgeable of weather conditions and wait for bad weather to improve before going out. Don’t rush, give yourself enough time to get to your destination. Try another route if your usual one is particularly snowy or icy. having a plan can help avoid slip-and-fall accidents.

    Pay attention

    Look out for icy patches and test for black ice. Scan your route for rocks, snow or stray branches that could make you fall. Stay off your cell phone while you are walking.

    Dress appropriately

    Wear extra layers of clothing and gloves, the extra padding can help if you have a slip and fall accident. Boots or shoes that have sip resistant soles are the safest during winter weather. Avoid loose shoes or shoes with high heels.

    Keep your hands free

    Carry as few items as possible, you want your arms free to help keep your balance. If you must carry several things, use a backpack. You can avoid serious injuries by bracing yourself with your hands. If you fall, drop what you are carrying and protect your body.

    Be careful entering or exiting

    When you are exiting your car, hold on to your vehicle. When you are entering a building, wipe your feet: Removing as much snow and ice as you can decreases the likelihood of a fall once you are inside. Use handrails if they are available.

    The surest way to stay safe during dangerous weather is to stay inside, however, that is not always possible. Use care if you do have to go out. Be aware of your surroundings and take your time.

  • Common causes of slip and fall accidents in the workplace

    Employees of Florida businesses expect their workplaces to be safe. However, slips, trips and falls are common accidents at work. These are the main causes of such incidents.

    Wet floors

    Workplace floors could be wet for a number of reasons. It could be due to mopping, spills or rain from outdoors when someone walks in and their shoes and umbrellas are wet. In some cases, there may even be a leak coming from the ceiling causing the wet surface.

    Slippery floors

    If floors were recently polished, it could cause a serious hazard for a slip, trip and fall accident among anyone in the workplace. Depending on the soles of workers’ shoes, some people may be safe and have better traction, but others might have a problem and could fall and suffer injury.

    Loose mats or frayed carpeting

    If floor mats are loose, they can cause problems when workers walk over them. The same thing can happen if rugs or carpeting is frayed. A person can slip or trip and become injured.

    Poor lighting

    When the lighting is poor, it makes it harder for employees to see, which can result in an accident and injuries. Poor lighting conditions should immediately be reported to supervisors so that the situation can be handled.

    Obstacles

    Any kind of obstacles left cluttered on the floor can cause a slip, trip and fall hazard if someone doesn’t notice it. However, even when items are left out in the open where everyone can plainly see them, a person could still trip and fall. Whether the obstacles include tools, office equipment or anything else, they should be placed in an area where nobody can have an accident.

  • How is fault proven in slip and fall cases?

    Anyone in Florida can suffer injuries from a slip and fall accident. In that situation, if you file a personal injury claim, you must know how to prove fault.

    Determining fault in slip and fall cases

    Negligence on the part of a property owner is the focal point of slip and fall cases. Although these incidents occur all the time, it must be determined that the property owner is at fault when an accident and injuries occur.

    For a property owner to be found at fault for a person’s slip and fall accident and subsequent injuries, there must have been a dangerous condition on the property that was known or that reasonably should have been known to the owner. Examples of such conditions include broken floorboards or steps, missing handrails on stairways, worn carpeting or floors overly slick from spills or even floor polish.

    The owner must have not only known about the dangerous condition but failed to take action to correct it. They should have also known that a reasonable person responsible for the property would have corrected the issue.

    Types of evidence for slip and fall cases

    Certain types of evidence can be used for slip and fall claims to show that the property owner was negligent and failed to ensure that common walking areas were safe. The injured person’s medical records are one of the most basic as they show the extent of their personal injury and how it was sustained. If there were witnesses who saw the slip and fall occur, they could serve as strong evidence.

    Camera footage showing the area where the accident occurred is valuable evidence as well. Photos can also depict the dangerous situation at the site of the slip and fall.

    Injuries from a slip and fall accident can be serious. Establishing fault in your case can give some peace of mind.

  • Where do most slip and fall accidents commonly take place?

    Life is full of surprises, some of which can be unpleasant. An example of this situation is a slip and fall accident. One minute you’re standing or walking, the next minute you’re on the ground and in considerable pain. Considering that, it’s good to know where many people slip and fall. If you want to avoid being the victim of a slip and fall accident in Florida, watch out for these areas.

    Wet walkways

    You don’t have to look far to see walkways leading up to homes and commercial properties. Unfortunately, not everyone keeps their walkways safe for visitors. It’s extremely easy for a wet walkway to cause many slip and falls. It’s also possible for loose concrete or other surface material to pose a danger to any passersby.

    Parking lots

    Chances are, you spend a considerable amount of time in parking lots each week. With that in mind, you might not realize that parking lots are potentially dangerous sites for slip and fall accidents. Automotive fluids, poured-out beverages and uneven concrete all contribute to people getting hurt in parking lots.

    Busy restaurants

    Restaurants are typically crowded places with workers handing out lots of food and beverages. Unfortunately, it only takes one spilled drink or knocked-over plate to cause someone to slip and fall. A freshly mopped restaurant floor can also cause many falls, especially if there’s no wet floor sign present.

    Slips and falls can happen anywhere. Fortunately, you can prevent these accidents by keeping a close eye on your surroundings. If you see a slippery surface, consider letting someone know who can take care of this potentially dangerous situation.

  • Stay on your feet while working as a nurse

    While working as a nurse in Florida, you might notice that there are times when it’s difficult to get your footing in certain situations. Since slips and falls are common incidents that occur in the healthcare setting that could result in an injury, it’s important to know a few ways that they can be prevented.

    The proper shoes

    Part of your attire as a nurse to help prevent slip-and-fall accidents should be slip-resistant shoes. They should have a sturdy foundation with the proper tread that almost clings to the floor so that they don’t slide around. Make sure your shoes are securely on your feet so that they don’t move around while you’re working as this could result in losing your balance or tripping.

    Barriers

    If there’s an area in your workplace that’s wet or that could be dangerous, then consider putting a barrier in front of that area so that nurses and other workers don’t go there. Once repairs are made or cleaning is performed, then the barrier can be removed. When the area can’t fully be blocked off, you can use signs to indicate that the floor is wet or that there could be a dangerous situation that could result in slipping and falling as long as the signs are large enough to be seen.

    Communicate

    Sometimes, other nurses might not know if there’s a spill somewhere or if there is cleaning taking place in an area of the building. Set up a communication system so that each department is aware of the potential for accidents to occur if they visit that area. The team can also talk about when the best time would be for cleaning if there are certain times that aren’t as busy as others in order to decrease the risk of accidents.

    As a healthcare worker, you need to be as prepared as possible to stay on your feet while working without falling down. If danger is present, then alerting others who are in the building can decrease the risk.