Category Archives: Slip/Trip & Fall

Premises Liability: Summertime Slip and Falls

Hot summers in South Florida are usually packed with fun ways to cool off.  Pool gatherings, beach outings, and boating are great ways for South Floridians to enjoy the heat.  Hot summers also translate into informal wardrobes and laid-back attitudes.  It’s not uncommon to see adults and teenagers alike popping into stores to pick up food and beverage in little more than a bathing suit and flip flops.  They may not realize it, but the unsteady flip flops make it easy to take a spill on any smooth surface, and even more so on a floor with some spilled liquids or oils.

Slips, trips, and falls                               

A slip, trip, or fall can happen without warning and can cause injuries ranging from sprains and strains to broken bones and serious spinal cord injuries.  An accident caused by a hazardous condition on someone’s property may also be referred to as a “premises liability” in the legal world.  Premises liabilities can may include tripping on a poorly maintained sidewalk or slipping on a floor that has not been cleaned of hazardous debris.  What may seem like an inconsequential injury should be taken seriously because the full extent of the injury may only be seen days later.  In other words, after a slip or trip and fall injury, get evaluated by a medical professional.

Property owners must take reasonable care

Property owners are required to take reasonable care to ensure that their property is safe.  This is true not only for grocery stores, but also for office buildings, retail stores, as well as residential homes and land owners.  Although invitees may have different classifications under the law, generally speaking, it is the property owner’s responsibility to fix any hazards or warn any visitors or tenants of any unsafe conditions on the property if they are unable to fix the problem.  Hazardous conditions may include slip and falls due to a foreign substance or tripping on debris or uneven sidewalks/pavers due to a poorly maintained building or common area.

Since property owners have the obligation to keep visitors safe, if an injury is sustained on a premise due to owner negligence, the owner of the premises may be liable. If the injured person can prove that the owner was aware of, or should have been aware of a potential hazard on the property but did nothing to correct it, or failed to warn them of the hazardous condition, the injured person may be eligible to receive injury compensation including medical bills, pain and suffering, and lost wages related to the injury.

What to do after suffering an injury

If you or a loved one sustained an injury due to unsafe conditions at a commercial establishment or private location, you may have a claim for damages.  Here are the steps you should take to prepare yourself or your loved one in case you need to file a claim:

  1. Contact 9-1-1 or seek medical attention immediately if you are injured.
  1. Report the accident immediately to the “property owner” (store manager, homeowner, or landlord.)
  1. Gather evidence by snapping photos of the location, your injuries, and any contributing factors to the fall. Make detailed notes of any dangerous conditions that caused the incident and note date, time, and clothing/shoes worn.  Save clothing or shoes worn during the incident.
  1. Request contact information of witnesses or anyone with whom you discussed the incident (names, addresses, and telephone numbers.)
  1. Avoid discussing your injuries and feelings other than with your attorney, police, or emergency professionals.

Once you receive medical treatment, we recommend that you find an experienced personal injury attorney to represent you and recover any lost wages and injury compensation to which you are entitled.  Goldman & Daszkal, P.A., is a reputable Florida based law firm and has been representing those injured in personal injury claims for the past 27 years.

When you contact Goldman & Daszkal, P.A., the firm will provide a free consultation to help you understand your rights and obligations.  A firm representative can meet with you at the law office or at a convenient location for you.  Then, your attorney can then take over the handling of your claim and contacting any remaining parties, allowing you to have peace of mind while you recover.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

 

Ready to Rent? What You Need to Know Before Booking a Vacation Rental

Vacation Home Rental Injuries

Traveling this spring break with your family?  You’re probably well aware of the growing market for vacation rentals throughout the U.S. and internationally.  If you’re seeking comfortable accommodations that easily fit a family of 4, 6, or even 10, a vacation home rental may be perfect for your family.  The combination of multiple bedrooms, a full kitchen, and a separate living area make vacation home rentals superior to most hotel options for large groups and families with young children.  In addition, many rentals include washing machines and clothes dryers as well as bikes, canoes, toys and games for your use.

Whether this is your first time booking a vacation rental or you’ve rented multiple times, here are a few important tips you should consider when renting:

Do Your Homework

  • Use established, reputable vacation rental marketplaces such as AirBNB, HomeAway, FlipKey or VRBO
  • Be aware that some cities, such as New York City and San Francisco, have banned home vacation rentals for short-term rentals (less than one month.) Do your homework, verify the owner, and check local laws to be sure you don’t book a rental that could be closed for violating local laws.
  • Be especially careful when setting up international transactions: there is minimal legal recourse  beyond ordinary contract law and no specific government agency is set up to regulate international rentals.

Verify the Property

  • If the photos look amazing, the price is overly affordable, and it seems “too good to be true,” it probably is. Trust your instincts and find out why the price doesn’t match the assumed property value.  If you’re still skeptical, move on to another listing.
  • Don’t rely on your friends’ assessment of the property; she may be relying on yours. Be sure to take the time to review the property, location, and owner info in detail before committing.
  • Contact the homeowners association, if applicable, or the cleaning or maintenance company to verify ownership.
  • If possible, check out the property prior to the actual vacation 

Pay with Care

  • Prior to issuing any payment, request a complete rental contract with vacation dates, total price, price breakdown with taxes, cleaning fees, etc.
  • Understand the cancellation, check-in and check-out policies and be sure you have the correct contact information in case there is a problem with the rental
  • Pay with a credit card to protect your payment
  • Consider registering with a trip protection service (many are offered through the larger rental marketplaces.) 

Inspect Upon Arrival

  • Once you arrive, take a few minutes to inspect the home, checking the air conditioning/heating, faucets, doorknobs, toilets, telephone, TV and other electronics, appliances as well as checking for any leaks, cracked drywall, etc. If you find anything, be sure to take pictures and send it in writing to the owner immediately.
  • Avoid accidents by taking special care when using unfamiliar appliances as they may function differently from what you are accustomed. Take caution when using showers and faucets as water may be hotter than you expect.

On behalf of Goldman & Daszkal, P.A., we wish you a fun and safe vacation!

If you or a loved one has suffered an injury due to a slip and fall accident or as the result of an appliance or equipment malfunction at a vacation home or other accommodation, contact Goldman & Daszkal, P.A. to learn the steps you need to take now to protect yourself and your family.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

 

A Discussion About South Florida Premises Liability Laws

There are many occasions in which a person is injured on property other than their own and they don’t know that the owner of the property may be liable to them for compensation for their injuries. Common types of injuries that may occur are slip and falls, trip and falls, injuries caused by inadequate maintenance, injuries caused by defective conditions, and injuries caused by inadequate security.
Slip/trip and fall injuries are exactly what you think they are: you were walking in your favorite store or restaurant when all of a sudden, unbeknownst to you, there was a slippery substance on the floor, or a bump in the carpet, that caused you to fall and injure yourself. If this happens to you, it’s important to contact the appropriate store personnel and file an incident report with them for documentation. Make sure you get a copy! And of course, as in any situation, if you are seriously injured, make sure to seek medical attention immediately.
Injury due to inadequate maintenance is when a property owner’s failure to properly maintain their premises causes injury to the public. This could be anything from falling branches to gnarly vines that trip you. It could also be dangerous debris left unattended, broken elevators, or when merchandise stacked high above the ground at a big box retailer is improperly stowed, causing you injury when it comes crashing down.
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Injury caused by defective conditions is when a property owner fails to repair or warn the public of a dangerous condition on the premises. These dangerous conditions are usually hidden, in that you would not be able to readily determine that the condition was dangerous just by looking at it. An example would be loose paver stones or a loose rail on a balcony: you may not have been able to see that the rail was loose, but upon leaning on it, the rail broke, causing you to fall off of the balcony and seriously injure yourself.
Injury due to inadequate security is when a property owner fails to take proper precautions in making sure to mitigate the likelihood of the public’s injury from dangers that are foreseeable to the property owner. An example would be when a property owner fails to install adequate security devices such as gates, locks, or lighting; or when a property owner fails to warn patrons about dangerous criminal activity taking place on the premises.
It’s important to understand that if you’re injured on someone else’s property, there is a chance that the property owner or its tenant (whether individual or business) may be liable to you under premises liability law. If the property owner or tenant owes you a duty of care, and if they breached that duty of care, then they’re liable to you and you can recover for your out of pocket expenses, as well as for your pain and suffering, future medical care costs, lost wages, and any other damages recoverable under the laws of the State of Florida. If something like this happens to you or a loved one, please contact a South Florida personal injury lawyer in order to know your rights.