What do you need to prove in a slip-and-fall claim?

Sustaining an injury in a slip and fall may give you a cause of action to pursue a legal remedy against the responsible party. Proving that you fell is fairly straightforward, but establishing liability is more difficult. Here are a couple of key considerations about what you will need to do to make a successful slip-and-fall claim. Obtaining evidence of the cause of a fall To make your case, you must present evidence that there was a hazardous condition on the premises that caused you to fall. This might be photographic evidence, video surveillance footage, or eyewitness testimony. Proving negligence The presence of a hazard may not necessarily signify that the owner or operator of a property acted negligently. Slip and fall claimants have to show that a party failed to take reasonable steps to prevent a foreseeable hazard or remedy a known hazard. For example, if a store’s personnel were aware of a leak and did not repair it, that business acted negligently. In contrast, consider a situation in which a customer spilled a beverage that he or she brought into a store, causing someone to slip and fall only seconds later. In this scenario, it might be hard to show that a business knew or reasonably should have known that the floor was slippery. Meeting your burden of proof In personal injury claims, plaintiffs do not have to prove their claims beyond a reasonable doubt. This burden of proof is applicable to criminal trials, not civil litigation. To prevail in a premises liability action, you must be able to prove your case by a preponderance of the evidence. Under this legal standard, there must be sufficient evidence to convince a trier of fact that your allegations are probable.The post What do you need to prove in a slip-and-fall claim? first appeared on Englander Peebles.

Dangerous roads to watch for in Fort Lauderdale

From truck traffic to commuters and vacationers, Fort Lauderdale’s roads easily get congested. Although only the 10th largest city, the city has the third-highest crash rate in the state. Before heading out on your next excursion, stay extra alert if you plan to travel on the most dangerous roads in the city. Highways with high fatality rates I-95 South daily has thousands of drivers. Anyone who has traveled along it has likely seen a few accidents. While a number of reasons play into a crash, the high speeds vehicles travel on interstates ranks high. Whether heading north or south moving fast makes it harder to navigate around slower vehicles, especially when approaching exits and merging. Alligator Alley also has solidified itself as an accident-prone stretch of road. As the main option for traveling to and from Southwest Florida, this two-lane road makes it easy for a crash to happen. Often full of tourists unfamiliar with the area, the Florida Turnpike quickly becomes deadly. From debris on the road, continual construction and distracted drivers, awareness becomes essential. Intersections known for accidents While interstates and highways inherently have high-risk factors, many intersections can also claim to have a dangerous side. One of the most frequent to have crashes remains Andrew Avenue and Sunrise Boulevard. Known as a surprisingly wide intersection, people often try to barrel through a yellow light not realizing its width, putting other drivers at risk. Both tourists and locals appreciate the offerings by Lakes Mall. Unfortunately, that means intense congestion and confused drivers at West Oakland Park Boulevard and North State Road 7. Since the invention of automobiles, people have crashed. Although often unavoidable, knowing high-risk roads may remind you to stay on high alert.The post Dangerous roads to watch for in Fort Lauderdale first appeared on Englander Peebles.

What to do if you are involved in a slip-and-fall accident

More than eight million individuals visit the hospital annually due to slip-and-fall accidents. In addition, up to five percent of these cases result in broken bones. Of the falls that involve death, more than 60% are older than 65 years of age. Slip-and-fall accidents can cause a number of health challenges, so these are guidelines you should follow if you slip or fall on someone else’s property. Immediately seek medical help No matter where you fall, you should seek medical attention, especially if you are over 65. However, even young people experience fractures and other health issues after a fall. Your adrenaline may mask damage, so even if you do not feel pain, seek medical attention. Gather documentation Gather your medical records to ensure proper documentation and so you can file your report. Also, document the scene of the accident. Write down or photograph any dangers that contributed to your fall. Collect witness statements and contact information. Write out your statement, including what you were doing prior to your fall. Include the date and time. File an accident report Report your accident to the property owner or manager. Use your documents to complete the report if you need to fill it out yourself. In some cases, the manager or owner will fill out any paperwork, but check it over to ensure that it correctly describes the incident. Avoid communication with anyone but the property owner or manager. Ask about any deadlines you need to meet while you are speaking with the person handling your claim. Once you complete the paperwork, you will likely have to wait for a response from the insurance company. Avoid communicating with this company directly and seek professional advice about any settlement offer you receive.The post What to do if you are involved in a slip-and-fall accident first appeared on Englander Peebles.

When can I make a claim for slip and fall injury?

Whether out shopping or strolling through your neighborhood, slips and falls happen. According to the CDC, more than 800,000 people get hospitalized due to a fall injury. When the incident happens due to negligence, you may have a case to make a claim. Unsafe conditions A key element of filing a claim involves proving the slip and fall happened because of unsafe conditions. By law, property owners must ensure a safe premise, but that does not mean people can expect 100% safe conditions. An unsafe property may include situations such as cracked or uneven sidewalks, parking lot potholes poorly lit areas, or wet floors. Owner negligence Along with documenting unsafe conditions, a victim must prove the owner neglected to take safety measures to eliminate the hazard or did not warn anyone about the potential issue. In some cases, that presents some challenges. A sudden spill in an aisle may go undetected without any employee knowing the hazard exists. If employees notice the spill and do not rectify the situation, a fall victim would have the right to file a claim. Comparative negligence While the two above combined may provide a solid case, Florida law also takes into account comparative negligence. In some cases, both the property and the victim may share some fault in the incident. If a person falls due to debris on the walkway but was running, that person may have some culpability. That does not mean a person still cannot make a claim. The law allows for compensation, but that amount gets reduced to accommodate shared responsibility. A severe fall may lead to missed work, extensive medical bills and ongoing trauma. When the incident involves negligence, victims have rights.The post When can I make a claim for slip and fall injury? first appeared on Englander Peebles.

5 common causes of slip and fall accidents

Slip and fall accidents can happen anywhere and at any time. They can result in serious injuries. These types of accidents often result from hazards present in a particular environment. Knowing the common causes of such accidents can help individuals take steps to prevent them. 1. Wet floors Spills, leaks, rain or cleaning chemicals can cause wet floors. Slick surfaces that are not adequately marked or cleaned up are especially hazardous. They can occur in various settings, including office buildings, grocery stores and restaurants. 2. Uneven surfaces Uneven surfaces like loose carpeting or uneven floorboards can cause slip-and-fall accidents. Pedestrians should watch out for parking lot potholes and cracked sidewalks. These hazards come from wear and tear, construction errors or poor maintenance. 3. Poor lighting Walking in a poorly lit area, people might have difficulty seeing any hazards. To prevent slip and fall accidents caused by poor lighting, it is essential to ensure that all areas remain well-lit and to mark hazards such as steps or obstacles. 4. Obstructed walkways Many activities, such as construction work or poor housekeeping, can clutter or obstruct a walkway. To reduce the likelihood of falls, people should keep walkways clear of debris or clutter and properly mark off areas under construction. 5. Improper footwear The type of shoe one wears matters a lot on the activity one plan to participate in. If the shoes do not offer the best grip on slick or uneven surfaces, slips and falls may happen. Wearing shoes with the proper traction can prevent accidents. Slip and fall accidents can happen to anyone. Those who experience a slip and fall should immediately seek medical attention and report the incident to the appropriate parties.The post 5 common causes of slip and fall accidents first appeared on Englander Peebles.

Types of serious injuries from slip and fall accidents

While they may not sound serious at first, slip and falls can cause serious injuries or death. An important concern at workplaces as well as public areas and homes, unfortunately sometimes slips occur even when they might have been preventable. The following include some of the most serious injuries that may occur from slipping and falling. Broken bones Broken bones commonly occur after slips and falls. These injuries range in severity and have a long recovery time. For serious breaks, surgery might become necessary as part of treatment. Breaks commonly occur in the wrists, arms or ankles. Some of the most serious injuries, hip fractures, might also occur. Hip fractures or breaks become more likely if an older or frailer individual falls. Head injuries Some of the most serious slip-and-fall accidents lead to someone hitting their head and damaging their brain. Potentially life-threatening or life-altering, head injuries require urgent attention from a healthcare provider. Even if a person thinks they feel okay after falling and hitting their head, they should see a doctor just in case. As with broken bones, older people especially may receive serious injuries from head trauma, but nobody should overlook this type of accident no matter how young or healthy. Taking slip and fall accidents seriously While often preventable, businesses and employers may not take the required steps to stop slips and falls from happening. Use caution as you go about your day and take note of slippery or wet surfaces. If you experience a fall, consider seeing a doctor to assess your injuries and create a record of the accident.The post Types of serious injuries from slip and fall accidents first appeared on Englander Peebles.

Why are there so many car accidents in Florida?

In Broward County, there were over 30,000 car crashes in 2022. Nearly 200 of them were fatal. Why are there so many car accidents in Florida? Here are several factors that affect these troubling statistics 1. Speeding In Florida, speeding is often more commonplace than obeying posted speed limits. Speeding drastically reduces reaction time, leading to numerous pedestrian, bicyclist, motorcyclist and driver fatalities every year. 2. Distracted driving Distracted driving is a significant problem on Florida’s roads. Anything can serve as a distraction, including eating, texting, emailing and video calling, to name a few. Statewide in 2021, 344 people died in crashes involving distracted driving. 3. Reckless behavior In many cases, Florida car accidents have nothing to do with distractions and everything to do with reckless behavior. The mindset of many Florida drivers pays little regard to other people on the road, leading to scary scenarios playing out on the road. 4. Impaired driving Driving under the influence of drugs or alcohol is not only illegal, but it is also dangerous. Thousands of drug- and alcohol-related crashes occur in the state each year, and a high percentage of them are fatal. 5. Weather conditions Florida is notorious for its heavy pop-up showers and thunderstorms. These conditions, often coupled with the other factors listed above, can impact drivers’ abilities to see and operate their vehicles safely, leading to accidents. These and many other factors contribute to the vast number of car crashes in Florida, leaving significant room for improvement across the state.The post Why are there so many car accidents in Florida? first appeared on Englander Peebles.