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My mother fell in front of total wine store in clearwater fl, who is liable to help her with the medical bills?

Clearwater, FL |

my mother fell and broke her knee cap in half in front of total wine store. Is only she liable to pay for her medical or is she elgible to get help from property owner.. Since she took the ambulance ride to the hospital where she had too have pins placed in the knee, she was released from rehab to early where the physical therapist said her knee was healing fine where to come to find out she had to rush back to the hospital where they discovered she now has staph infection waiting to see if it is mersa.

Attorney Answers 4


  1. You should speak to a personal injury atty right away. You will need to know what caused her to fall. If there was a dangerous condition on the property, she may have a right to sue. I would suggest you take photos of the area immediately, and talk to the atty before approaching the store about it. If you report the problem before the atty can get good pictures and measurements of any defects, the store or other defts could go out and repair it first.

    You will need to determine who owns the property upon which she fell. It could be someone other than the store (landlord, shopping center, City, etc) Im not licensed in Fla. In some states, there are special reqmnts for making claims against governmental entities, such as a city. They may have shorter time frames than the usual statute of limitations. Failure to follow the procedure, can result in loss of your rights. There are statutes of limitations that apply to claims gainst private persons/entities, such as the store. You need to check with a Fla atty.

    Lastly, the staph infection could be part of the damages from the fall, but also could be due to medical malpractice. You should talk to an atty about that too.

    Sometimes propertyowners carry medical coverage for someone hurt on their property no matter whose fault. generally it is not a lot of money, but if there is such coverage, it will pay even if you cant prove a case of fault on the property owner, manager, etc.


  2. I agree with the advice Robert provided regarding this unfortunate situation. If you would like more specific information about Florida law about slip and fall / trip and fall injuries and how they apply to your particular situation, you may contact our firm for a free consultation 813-335-1458.

    Ed

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


  3. I agree that you should speak with lawyer. If there was a dangerous condition that caused your mother to fall, she may be entitled to compensation in addition to her medical bills. However, it will be her burden to prove that she fell as a result of some condition on the property. As to her medical bills, most businesses have medical payments coverage, and Total Wine may be willing to pay her bills. BUT before you speak to the business you should know all of your rights.

    If you would like to speak to me, please do not hesitate to contact me.

    Betsey Herd
    Tampa, Florida
    813-597-3000
    Betsey@morgensternandherd.com


  4. The critical issue is determining why she fell and documenting it. For example, if there was an unmarked step down, or steps of an improper heighth, or materials such as broken wine bottles she may well have a claim. If she simple lost her balance for no apparent reason it would not be a good claim. In essence you have to prove that there was some negligence on the part of the store owner