I Slipped and fell last May The floor was wet and there were no signs, the rug that is usually at the front door was pulled away

Asked over 4 years ago - Inverness, FL

They admitted guilt and told me to go see a doctor this was 2 days later.When i went to the doctors he took x-rays and MRI's. Findings were that my tendons and ligaments were totally ripped from my cuplet needing 4 screws to repair them. I also had arip on the r outside of my stump caused from the prostetic leg when it was thrown behind me in the fall. I had to have surgery on this 2x's with IV pic lines and nursing care. This has been well over a year ago and I was in a W/C for over 8 months I have an 11 and a 14 year old boys who suffered due to their mothers injuries, they experienced all kinds of trauma due to this fall and the depression was only the half of it. I am in theraphy and have pain in my should and leg areas on a daily basis. Could someone please give me some advice.thanks!

Attorney answers (5)

  1. Joel J. Ewusiak

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You should speak with a lawyer. More information would be needed to evaluate your case, but it sounds like you may have a claim against the store for negligence. Generally, you are entitled to recover for lost wages, pain and suffering, and medical expenses associated with the accident. If not "self-insured," nearly all stores maintain insurance policies to cover claims of this nature.

  2. David Hughes Harris

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Please note that Florida slip and fall law is changing effective in July 2010, per the bill signed by the governor (see link below).

    You should consult a lawyer as soon as you can to discuss your claim. From your post, it does sound like you have suffered some serious damages, and there may be negligence on the part of the store.

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

  3. Tonald Edmund Spinks

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I agree with the previous advice and would add the current law in Florida regarding slip and falls requires the owner or operator of a premises to use reasonable care to protect people invited on the premises from dangerous conditions of which they may have knowledge. It requires them to take reasonable care to eliminate known dangers by excluding visitors from the area or warning them of the danger.

    Florida Statute states "the person or entity in possession or control of the business premises owes a duty of reasonable care to maintain the premises in a reasonably safe condition for the safety of business invitee on the premises, which includes reasonable efforts to keep the premises free from transitory foreign objects or substances that might forseeably give rise to loss, injury or damage". The statute further states that in any civil action for negligence involving an injury caused by a slip and fall incident on a business premises, the injured party shall have the burden of proving a number of facts including, but not limited to, proving that "the person or entity in possession or control of the business premises acted negligently by failing to exercise reasonable care and maintenance, inspection, repair, warning, or mode of operation of the business premises.

    If you feel the property owner or tenant is liable for your injuries, you should contact a local attorney to discuss the issue.

    Ed Spinks
    ___________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

  4. Benjamin L Crawford

    Contributor Level 5

    Answered . It sounds like you have some significant issues resulting from this incident. The biggest hurdle for you is likely the liability analysis. I would suggest that you consult an attorney to determine the status of liability on the store.

  5. Michael J. Helfand

    Contributor Level 16

    Answered . Have you consulted with an injury attorney? I'm sorry to hear about your injury and the hardship it's causing you. An experienced attorney -- someone who handles mostly personal injury cases and has been doing so for many years -- is in the best position to help you. Initial consultations are usually free. Don't wait too much longer, as there are deadlines for taking legal action. I'm licensed in Illinois, but if you need a referral to an attorney near you, give me a call. I'd be happy to recommend someone. 1-800-807-9530.

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