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Fall Accidents

Intro

Falling in public can be embarrassing but it is important to know that thousands of people fall, just like you, ever day due to no fault of their own. If you or a loved one has been involved in a fall accident, you are in the right place to get help. Our Boynton Beach Personal Injury Law Firm focuses on slip and fall premises liability accident cases. We can educate you on the law and help you get back on your feet.

Common Causes of Slip & Falls

We have handled virtually every type of slip and fall case imaginable. Let us put our experience to work for you.  Over the past decade we have handled the following types of fall cases:

  • Inadequate lighting
  • Inadequate warnings signage
    • Wet floors
    • Road closed
    • Under construction
  • Code Violations/Industry Standard Breaches
    • Lack of railing
    • Unpainted curbs
    • Improper size steps
    • Excessive ramp slopes
    • Slick paint/mold
    • Bathtub/Shower slip resistance
  • Uneven Walking Surfaces
    • Sidewalk expansion joints
    • Tree root extrusions
    • Potholes
    • Sudden drop-offs
  • Unsafe work areas/construction sites
  • Unsecured Tripping Hazards (i.e. extension cords)
  • Moving bus/golf-carts
  • Bicycle falls
  • Scooter falls
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Award Winning Attorney

The Green Injury Law
Firm Advantage

Seth P Green, ESQ

"I stand by my family name by providing each client personalized attention, compassionate attorney-client communication combined with a strategic and aggressive attack plan."

- Seth Green, ESQ.

01

Family run business. We put our heart and soul into every single case.

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Hire our firm and get direct access to Attorney Green from start to finish.

What Our Clients Say

Common Places of Slip & Falls

We have a successful track record going up against many different types of Defendants who negligently maintained their property resulting in injury to our clients. Below is a list of prior Defendants we have pursued.

  • Major Supermarkets/Retailers (i.e. Publix, Wholefoods, Walgreens, Home Depot etc.)
  • Major Hotel Chains
  • Restaurants
  • Office Buildings
  • Commercial Shopping Plazas
  • Governmental
  • Maritime/dock falls
  • Building Contractors

Legal Issues In A Slip & Fall Case

To win a fall case, it is essential to prove that the property owner was negligent. Simply falling on someone else’s property is not enough to entitle you to compensation. There are two methods to prove negligence:

Failing To Maintain Safe Premises: An injured party can win a fall case by demonstrating that the property owner failed to maintain reasonably safe premises. This is usually accomplished using expert witnesses to inspect the property and evaluate whether the property adhered to local codes, ordinances, and best business practices. In certain circumstances where the negligence is obvious,photographs and common-sense arguments should suffice without expert testimony. Failure To Warn: The second method of proving negligence in a fall case is by showing that the property owner fail to warn its guest of a dangerous condition which the property owner knew (or should have known) existed. An example of this when a cleaning crew mops the floor without putting a warning sign out.

Legal Defenses:

The main defense in a fall case is to blame the plaintiff for their own injury. The property owner may argue that the hazardous condition which caused the fall was open and obvious; therefore, the injured party should have avoided the hazard. In the event a jury were to find an injured party 51% or more at fault for the fall, the case is over and the injured party is not entitled to any payment.

With that said, determining the allocation of fault is very nuanced and we encourage you to setup a free consultation with our office before making any final decisions regarding your case.

Another common defense in a fall case involves lack of notice. A property owner may argue that they were not aware of the hazard and as such they were not able to prevent the injury. An experienced personal injury attorney may prove notice in one of the following ways:   

  • Prior falls due to the same or similar conditions 
  • Prior complaints of the hazard 
  • Length of time it took for the hazard to develop (i.e. slowly forming pothole). 
  • Length of time the hazard existed (i.e. yellow v. brown banana peel) 
  • Lack of regular maintenance or inspection  
  • Speaking with employees, witnesses, other guest or people who frequent the property 

How Much Is My Slip & Fall Case Worth

There are two main factors that determine the value of a slip and fall case which include (1) proving fault and (2) severity of the injury. The section above “Legal Issues In A Fall Case” goes into detail about proving fault in a fall case (please link). Once that is achieved, the next step is to evaluate the injuries to determine the damages award.There are 5 components of the damages award:

  1. Past Medical Expenses
  2. Future Medical Expenses
  3. Lost Wages
  4. Past Pain & Suffering
  5. Future Pain & Suffering.
Typically, larger cases involve permanent injuries which give rise to larger future pain and suffering along a great deal of medical expenses. A medical expert needs to be retained to help the insurance company (or jury) quantify future medical expenses and future pain and suffering. Please see our FAQ page to lean more about how much your case may be worth.

A typical defense in all personal injury cases is known as the proximate cause defense. Defendants typically try to escape responsibility by arguing the Plaintiff’s injury pre-existed the accident date. If you have a pre-existing injury, it is important to consult with an injury attorney to learn how that may impact your case. In short, a pre-existing injury doesn’t always harm your case.

What To Do After A Slip & Fall

Most people are in shock and or embarrassed after they fall. They usually want to get up and get out as soon as possible. Below is a shot list of items to consider after a fall:

  • Obtain photographs of scene.
  • Report the fall to the property owner.
  • Do not provide any recorded statements or sign any documents presented to you.
  • Gather the names and phone numbers of all witnesses.
  • Secure medical treatment.
  • Consult A Slip & Fall Attorney
  • Avoid Speaking With Insurance Adjusters Until You Speak To An Attorney

How Long Does It Take To Resolve A Fall Case

The duration of your fall case will depend upon your medical care. Typically, we don’t want to settle your case until we have a full understanding of the life-long implications of your injuries. Once you completed medical care, we will initiate settlement discussions with the property owner. Typically, cases that settle without a lawsuit, will be complete within 9 months or less.

If a pre-lawsuit settlement does not occur, the case may take 1-2 years to finish depending upon the facts of the case. Click here to learn more about the timeline of an injury claim.