Mall Slip and Fall Accident

Author: Joseph M. Maus

Dear Sir,
Two weeks ago i slipped on a wet spot in the mall. I fell with an outstretched right leg and immediately had pain from my right Gluteus muscle down my hamstrings and the back of my knee. Security personnel got my statement and made a report. I was able to walk with a limp but bearable. I saw my Doctor the next day and xrays were taken, which revealed no fractures. I was just given pain medications and bedrest for 2 weeks and diiagnosed with a muscle strain. The insurance company of west field mall here in Clearwater FL called me and basically said that they will not cover any claims since the wet spot on the floor was not the malls fault and it was beyond their control. They also said that there is a new law in florida as of july 2010 regarding injuries in public places that they dont cover unless its a structural defect.

Its been 3 weeks and i still have pains on my right leg although i went back to work, by the way i am a registered nurse. Is there possibility to still file a claim?
Thanks for your opinion
Alfredo

Answer:
Alfredo, I apologize about not responding to your question sooner. I had a complete answer typed out this past Friday, then somehow deleted the entire response.
To give you a short answer to your questions:

1. Do not expect cooperation from the owner of the mall when you fall on there property. They are trained to empathize with you, but to never admit fault.

2. There is a new slip and fall law that went into effect this year.

However, the mall is incorrect that it only covers structural defects. Slip and falls are still valid claims in

Florida, and I handle dozens of them each year, including 2011.

Your problem is not unlike many people that get injured. Most people feel as if the injury is going to go away on its own. Sometimes it does, and sometimes it doesn't. If your slip and fall injury has not gone away now after 4 weeks, you need to pursue more medical treatment AND pursue a claim against the mall for your injuries.

Slip and fall claims in Florida are evaluated based upon the degree of liability that exists against the mall, the specific nature of the injury, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future. Lost wages and loss of future earning capacity can also be recovered in Florida.

Keep in mind that just because a person slips in a mall, it does not automatically mean the mall is responsible for injuries which result from the fall. You have to be able to prove that the mall owner knew or should have known of the dangerous condition that caused the fall. Generally, a property owner only owes two duties to persons lawfully on the property - maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.

The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and fall, and do it soon. There are many steps your attorney should take now, i.e. notify the insurance company for the mall, find out what types of coverage are available, including whether any medical payments coverage exists. You'll also want to check to see if there is any mall surveillance video. The video may have recorded the fall. It also may have recorded the 10-15 minutes before the fall which would indicate whether any mall employees were in the area prior to you walking through the area.

I handle the slip and fall claims on a contingent basis,i.e. the attorneys fee is a percentage of any money I recover for you, and I offer a free, no-obligation consultation to discuss whether you have a viable case. If there is no recovery, you do not owe attorney's fees or costs.

Article Source: http://www.articlesbase.com/personal-injury-articles/mall-slip-and-fall-accident-4285265.html
About the Author


South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 18 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.