Slip and Fall

Slip and Fall Lawyer in Miami Discusses Facts to Consider As You Seek Legal Advice

October 6, 2015 | Wolfson & Leon

According to the Centers for Disease Control, every year, slip and fall injuries cost Americans close to $34 billion for medical and hospital expenses. Older adults are more prone to the most serious injuries resulting from slip and falls, though individuals at any age can suffer broken bones, head trauma, or other injuries as a result of a slip and fall. When falls occur, there is a 20% chance that the fall will result in a serious injury. The CDC reports that falls can cause brain injury, wrist fractures, ankle fractures, and hip fractures. These injuries can lead to lifestyle changes, result in missed time at work, and may make it difficult for some individuals to live independently.

Traumatic brain injuries resulting from slip and falls can be particularly pernicious. In some cases, it can take a while before patients experience the full range of symptoms of a head injury. Insomnia, memory loss, vision problems, changes in mood, and dizziness can all be symptoms of mild traumatic brain injury. Slip and fall victims may not be immediately aware that these changes can be linked back to their accident. This is why it is important for slip and fall victims to follow up with physicians following release from the hospital and to make sure that they are tested properly for all symptoms.

Some slip and fall victims may experience post-traumatic stress disorder as a result of their accident. They may avoid situations similar to the circumstances leading to their fall. This can lead to major disruptions in life activities. Older adults are most prone to suffer following a slip and fall because their injuries—psychological and physical—are more likely to result in a more sedentary lifestyle. A slip and fall accident can affect an elderly adult’s health years after it takes place and can even shave off years from a person’s life.

Winning and Losing your Miami Florida Slip and Fall Case

July 21, 2014 | Wolfson & Leon

Young woman falling on wet floor

Ever wonder how to win your Miami slip and fall injury case?

The law in years past has vacillated in slip and fall cases in business establishments involving water or other similar transitory substances. For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.”

Winning and Losing your Miami Florida Slip and Fall Case

June 2, 2014 | Wolfson & Leon

The law in years past has vacillated in slip and fall cases in business establishments involving water or other similary transitory substances. For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.” Kenz v. Unicco, 116 So. 3d 461 (Fla. 3^rd DCA 2013). In Kenz and for the foreseeable future, a Plaintiff must show evidence that the Defendant had actual or constructive notice of the condition that caused him or her to slip and fall and be injured.

Suffering a slip and fall can be both dangerous and embarrassing. If you suffered a slip and fall because of the negligent behavior of another party, you may be able to recover damages.

To recover damages, an attorney would have to prove not only that the injured party slipped and fell, but also that the owner of the property was liable. Then, we would need to prove that it was foreseeable that the property owner’s negligence would create the danger that caused your injury.

Tip Two – What to do At the Slip or Trip and Fall Scene

December 10, 2012 | Wolfson & Leon

MIAMI BEACH – In our first “what to do after an accident” tip, we discussed what to do at the scene of an accident after the accident. The sum of it was to be consistent and complete.

Now, in this tip, we will discuss what to do at the scene of a trip or slip and fall accident. We are Miami Beach and Miami personal injury attorneys and have represented thousands of people in auto accident cases. Jerome H. Wolfson, Esq. has been practicing for over 50 years.

At a trip and fall or slip and fall, many times you won’t fully recognize how serious your injuries might be. Therefore, if a store employee or manager asks if you want them to call Fire Rescue or an Ambulance, it is best to be on the safe side and say yes if common sense and your body is telling you the same.

Miami Beach Slip and Fall Accidents – Lawyers Must Show Notice

November 23, 2012 | Wolfson & Leon

We are Miami Beach Personal Injury Lawyers and handle slip and fall or trip and fall cases against local businesses. A slip and fall negligence case against a property owner is a “premises liabilty” case. In such a case, the owner’s liabilty stems from his, her, or its ownership of the “premises” and the negligence that caused an injury to a prospective Plaintiff. Essentially, the landowner or renter is being held responsible for something wrong they did in maintaining a property which caused an injury to someone.

Slip and falls commonly happen in supermarkets, stores, businesses, offices, and other places. People injured in slip and fall accidents complain about back, knee, shoulder, wrist, and other injuries that range from ligament and tendon tears to fractures and broken bones.

But to be held liable, one must first show that the person, company, or business that was in possession of the property had a duty toward the injured Plaintiff. This “duty” means a requirement on the part of the premises owner / possessor to do something or refrain from and not do something.

Who Pays Costs in Personal Injury Rear-end Automobile and Fall Down Cases?

June 28, 2012 | Wolfson & Leon

(In Miami Beach, Miami, Aventura, Coral Gables, Wynwood and Miami-Dade, Broward, Palm Beach Counties.)

Whether we undertake representation of an individual in a fall down, rear end collision, or any other negligence case, it is usual for us to expend costs on behalf of the client.

The contingency contract of Wolfson & Leon of Miami, Florida includes a precise agreement as to the percentage of the potential gross recovery that is agreed to as the attorney fee. We can send you a copy of the agreement to review. And we forward and pay any expenses that may arise before a lawsuit is filed. Any such expenses that we pay on behalf of an injured client is repaid to the law firm from the gross recovery. But this is ONLY if we recover money for you. If we don’t get you any money, we will not request a penny from you for any attorney fee or cost we expended. So, we forward all of the costs of pre-suit preparation or litigation and do not get reimbursed if there is not a recovery. You only pay if you get paid and get money from a settlement or verdict.

Trip or Slip and Fall on Miami Beach – Owners have a Duty to Maintain

June 16, 2012 | Wolfson & Leon

Personal injury lawyers and attorney’s who handle slip and fall or trip and fall cases treat and call them “premises liabilty” cases. That just means that a person or company’s liabilty arises out of their ownership of land, property, or “premises”. It could be a renter, owner, lessor, or lessee. But the basic point is that someone is being held liable because they own or maintain a premise or property.

But to be held liable, one must first show that the person, company, or business that was in possession of the property had a duty. A lawyer will look into who exactly owned the property or leased (rented) it at the time the accident happened.

Slip and fall cases are different that trip and fall cases. That is because the Florida Legislature passed a law making it so that slip and fall cases on a transitory or moveable object like water, soap, liquid, paper, glass, sand, plastic, or any other item that is moveable is treated differently.