Slip-and-Fall Accidents & Inclement Weather
Most of the time, the average person thinks of a slip-and-fall accident as a misstep in a grocery store. However, far more slip-and-fall accidents actually occur due to poor weather and cleanup failures, and if this has happened to you, it is crucial to enlist an experienced attorney to help you bring your claim, as too many slip-and-fall claims in Florida fall by the wayside due to mistakes when trying to bring them. You deserve a chance to seek compensation for the harm you have suffered.
Potential Harm Varies
While in theory, anyone can be the victim of a slip-and-fall accident, the elderly are disproportionately represented in fall statistics, as one might imagine. The Centers for Disease Control state that more than one out of four people over age 65 fall every year, though many do not tell their doctors. While many falls do not cause injury, many do – hip fractures are perhaps the most common injury seen after falls, though falls are also the most common cause of traumatic brain injury (TBI) across the board.
Regardless of age, slip-and-fall accidents can cause serious harm to even the healthiest of people. In addition to TBIs, other commonly seen injuries include concussions, back injuries, and fractures, though in theory, anything can happen. Any injury that is foreseeable and can be directly linked to the accident itself is, at least in theory, compensable, but actually establishing that link can sometimes be difficult. This is doubly true when the alleged cause is inclement weather.
Not Easy To Establish
Inclement weather like rain is one of the most common indirect causes of slip and fall accidents, because it has an effect on so many things. For example, repeated rainstorms can lead to sidewalks and foundations warping and cracking, or to slippery floors if puddles are not removed promptly. The immediate cause may be the cracked concrete or slippery floor, but the weather caused it. This is why establishing liability in these types of accident cases can be difficult, because if the property owner takes steps to make their premises reasonably safe, that is considered sufficient to avoid being on the proverbial hook.
It is important to remember that in Florida, plaintiffs have an additional hurdle to overcome in trying to hold a business liable for slip-and-fall injuries. The relevant statute holds that in order to hold a business liable for injuries related to “transitory foreign substances” on their floors, the plaintiff must prove the business had actual or constructive knowledge of its presence. In other words, the plaintiff must show that the business knew or should have known of the danger, and failed to remedy it – something very difficult for most plaintiffs who have not been on the business’s premises for very long to begin with.
Call An Orlando Personal Injury Lawyer
Slip-and-fall injuries happen suddenly and can be devastating. If you have been injured in this way, you need an attorney on your side who can help you through the legal process. The Orlando personal injury attorneys at the Hornsby Law Group can try to help answer any questions that you might have about what you have been through, so that you can focus on recovery. Call our offices today for a free consultation.