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PREMISES LIABILITY

Millions of Americans enter stores, restaurants, amusement parks, hospitals and other establishments every day. On any given day, someone entering such an establishment gets hurt by slipping on a wet or dirty floor, tripping over objects in places where they shouldn’t be, by poorly maintained equipment or by having improperly stacked merchandise fall on them. Any place that is open to the public has a responsibility to maintain that establishment in a safe and clean condition. When an establishment fails to do so, they can be held responsible for injuries that occur as a result of their negligence.

It is important to remember that a business is not responsible for injuries just because they happen on their property. We have to prove that the business did something wrong or failed to do something they were supposed to do (like cleaning the floor regularly).

Our experience in these cases has taught us that many businesses will later deny that anything ever happened, or that they were at fault for anything, so it’s up to you to prepare yourself in case you need to make a claim. Many people recover completely from a fall. Some, however, suffer serious injuries, especially to their shoulders, knees and backs that they never recover from, even after painful and expensive surgery. Those people can end up losing their jobs because they can’t do it anymore, and piling up medical bills they can’t pay.

If you do get hurt in a fall, here are some things to be aware of:

  • Most important is to try and figure out what you fell in before you leave the business. Businesses usually clean the area up right after someone falls, so you usually only get one chance to figure it out. It makes a difference if you can say you fell in water, or liquid soap, for example, or if you can specify what you tripped over.

  • If you have a camera on your phone, take pictures. Frequently, the business will not provide you with their pictures or video tape.

  • Make sure you file a report with management so that there is a record of what happened, and get the full names and addresses of anyone who saw it happen.

  • Take the shoes you were wearing, put them in a bag in your closet, and don’t wear them again. They are important evidence.

  • Get checked out by your doctor. If you don’t have one, call us and we will help you find the care you need.

  • When you do go to your doctor, be absolutely honest about your injuries and whether you have ever had injuries like this in the past. Everything you say to your doctor becomes part of your permanent record, and sooner or later a lawyer for the business where you fell will be reading it.

Telephone: 407-352-3535 Facsimile: 407-770-6066