I fell at a restaurant in North Port, FL. The floors were slippery. I contacted the owner twice and he hasn't been responsive.
I tried telling the owner the floors were slippery and he said to buy shoes like his at Walmart. Not funny.
I'm a kind person who has never sued anyone but I would like to do so to prevent others from falling. I left the restaurant in an ambulance with a severe concussion, whiplash, and re injured my back from back surgery I had a year ago, and now have numbness/pain in my left thumb. Headaches aren't as bad, however have been getting PT, chiropractic care ( traction/electric stimulation to take down swelling/pain. I'm tired of not feeling normal. I'm a retired RN who would like to enjoy life, not spend it with Dr.s. I felt so stressed about it in November that I was waking with chest pains, and spent 2 nights at Sarasota Memorial. Husband is disabled, and pain is limiting our quality of life.
4 attorney answers
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You may have a case. You have the burden of establishing that the restaurant management was on notice that a dangerous condition existed and that enough time elapsed for them to correct the problem before you fell. It sounds like they were negligent in not putting up warning signs that read "slippery when wet", or cordoning off the area from foot traffic. Discuss with counsel here in Florida about contingency fee representation, meaning you don't pay anything unless you win.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
Very unfortunate and sorry to hear what you're going through. Because of your background I'm sure you're doing everything you can to address your injuries.
As you may know, in FL the burden is on the injured party to prove fault on property manager or owner, e.g. prove there was hazardous condition which caused fall through act or omission on part of owner/manager. Sometimes this is straightforward, and sometimes it's not. It all depends on your particular circumstances.
You may want to contact one or more personal injury lawyer(s) (most offer free consults) as soon as possible to review your specific circumstances.
DISCLAIMER: This response is for informational purposes only, and is not legal advice. We do not have an attorney-client relationship. Only those persons with whom I have a written and signed fee agreement and authority to represent is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.
I am sorry to hear about your injury and hope it is not more serious as it may be.
Basic usual recommendation: Take/preserve photos. Report incident. Seek appropriate medical care.
Contact a Personal Injury Attorney as soon as possible to review all facts and circumstances-especially details regarding the dangerous condition which caused your injury- and hopefully obtain representation, rather than pursuing the restaurant on your own.
However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.
I have changed your category from workers compensation to slip and fall accident.
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