Slip and Fall

Slip and Falls in a Condominium

Category: premises liability |

Falls are the second leading cause of accidental death or unintentional injury worldwide. Falls can happen anywhere, even where you live. If you live in a condominium, chances are there is an association that is responsible for keeping the common areas of the complex safe and free from hazards. Condominium boards or associations have a duty to repair any dangerous conditions or to at least warn residents and visitors of such conditions. Hazards and dangerous conditions are an unfortunate consequence of someone failing to do their job, and they can be present in any area of a condominium complex. Dangerous Conditions in Condominiums Some common areas in condominium complexes where hazards can cause slip and fall accidents include: Lobbies—uneven flooring, torn floor mats, slippery floors, and debris on the floor can all cause falls Elevators—uneven flooring, improperly maintained, or uninspected elevators can cause serious injury Tennis or Basketball Courts—cracks in the pavement or holes on the courts can lead to injury Pools—damaged tiles, broken steps and ladders, inadequate signage, and the lack of anti-slip mats can lead to falls and other accidents Grassy Areas—holes that are not visible can easily lead to falls Breezeways, Walkways, and Hallways—debris on the ground, broken staircases, missing handrails, loose pavers, and clogged drains can all be dangerous conditions. Gyms—loose electrical cords, broken equipment, and slippery surfaces can cause injuries. Parking Lots and Garages—holes or cracks in the floor, out of place and broken wheel stops, uneven flooring, and oil spills can all be hazardous. Sidewalks—cracked and uneven pavement can lead to serious falls. What if You’ve Been Injured? If you’ve been injured in a slip and fall accident, it is important that you report the dangerous condition to the condominium board. Make sure to take pictures of the hazard that caused your fall and get the contact information of any witnesses to the incident. It is also crucial that you receive medical treatment, even if you’re unsure whether you’ve been injured. Once you make a report to the condominium association, they will get their insurance company involved. The insurance company is in the business of not paying out claims so you may want to have an experienced injury attorney on your side. At Abrahamson & Uiterwyk, we have over 30 years of experience helping the victims of slip and fall accidents. Contact us online or call us at 800-753-5203 to set up your free consultation today.

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Bone Fracture Injuries

Category: Accidents |

When you experience a serious fall or are involved in a car accident, the amount of force put on your body can be enough to cause bone fracture injuries. Serious bone fractures can affect a person’s day to day life and lead to long term consequences. Common Causes of Bone Fracture Injuries Broken bones can result from a number of different causes, but they are frequently the result of: Slip and fall accidents Car accidents Motorcycle accidents Bicycle accidents Pedestrian accidents Nursing home falls If your bone fracture was the result of someone else’s negligence, then you may be entitled to compensation for your medical bills, lost time from work, and pain and suffering. Types of Bone Fracture Injuries  Large and small bones in your body can be fractured if a significant amount of stress is applied. Disease and age can sometimes make bones more prone to fractures. Bone fracture injuries come in a number of different forms, and your doctor may use some different terminology to describe your fracture. Types of fractures include: Complete Fracture—occurs when a bone is cleanly broken into two pieces. These fractures are typically the result of car accidents. Greenstick Fracture—occurs when a bone bends and cracks. Children are more likely to experience greenstick fractures because their bones are softer and more flexible than an adult’s Open Fracture—occurs when a fractured bone pierces the skin Closed Fracture—occurs when the broken bone does not pierce the skin Comminuted Fracture—occurs when the bone fractures into three pieces or more or is crushed Displaced Fracture—occurs when a fracture not only breaks the bone but forces the pieces out of alignment. Stress Fracture—are hairline cracks in the bone that may be hard to see but still cause significant pain. Most Commonly Broken Bones The clavicle is the bone that is most commonly broken in a car accident or a fall. Some other areas where bones are frequently broken include: Arms Legs Wrists Ankles Toes Feet Bone fracture injuries to these areas are not only common but can also be devastating and life-altering. These bones are essential to daily functioning, and when they become injured, it becomes difficult for a person to complete day to day tasks. Contact an Experienced Accident Attorney If you’ve sustained a bone fracture injury due to someone else’s negligence, you should consider consulting with an experienced personal injury attorney to discuss your options. At Abrahamson & Uiterwyk, we’ve been helping injured Floridians for over 30 years and would like to help you. Contact us online or call us at 800-753-5203 to set up your free consultation today.

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Swimming Pool Accidents

Category: premises liability |

Swimming pools are the sites of fun and relaxation. However, the presence of water and concrete can be a dangerous combination. Drowning is a leading cause of death among children ages 1-4. Those who own and operate swimming pools are responsible for ensuring that the pool is a safe place. They should keep the area around the pool clear and warn swimmers of potential dangers.  Common Causes of Swimming Pool Accidents Swimming pool drownings and accidents can result from things such as swimmer inexperience and a disregard of warning signs. Swimming pool accidents can also result from negligence on the part of the swimming pool owner or operator. Some common causes of swimming pool accidents include: Lack of Proper Barriers—people, especially children, need to be protected from the dangers a pool can present. A proper barrier around a pool can prevent drownings. Barriers should be at least 4 feet in height and should not have any openings big enough for a child to slip through. Pool barriers should also have locks. Lack of Proper Supervision—if there is no lifeguard on duty, then a pool owner or operator must post a sign warning people. If lifeguards are on duty, then they are responsible for keeping swimmers safe. Lifeguards who are distracted or not doing their jobs can lead to tragic consequences. Lack of Anti-entrapment Devices—all swimming pools should have devices installed that protect swimmers from swimming pool drains. If proper devices are not installed, then a swimmer’s hair, clothing, or limbs can be caught in the drainage system. This could lead to serious injury or death. Uneven or Excessively Slippery Surfaces—the areas around a swimming pool can also be dangerous. While wet surfaces around a swimming pool are to be expected, some surfaces such as tile can become excessively slippery and lead to slip and fall accidents. Uneven or cracked pavement and surfaces in and around the pool can also lead to dangerous falls. The proper precautions should be taken to minimize slip and fall accidents around the pool.   Contact an Experienced Florida Injury Attorney If you or someone you love has been injured in or near a swimming pool, you may want to have an experienced injury attorney evaluate your case. The attorneys at Abrahamson & Uiterwyk have over 30 years of experience helping the injured, and they are here to help you. Contact us online or call us at 800-753-5203 to set up your free consultation today.

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Restaurant Slip and Fall Accidents

Category: Slip and Fall |

Slip and fall accidents can happen virtually anywhere. Just like any business, a restaurant has a responsibility to keep their property safe for its customers. If you are injured in a slip and fall at a restaurant, the property owner or the owner of the business may be held liable for your injuries. Common Causes of Restaurant Slip and Fall Accidents Restaurant slip and fall accidents can be the result of a number of potentially dangerous conditions, including: Spills on the floor Food on the floor Water leaks Debris such as napkins and menus on the floor Exposed electrical cords Torn carpet Uneven flooring Broken furniture In order for the property owner or business to be held liable for a slip and fall in a restaurant, they must be aware that the hazardous condition existed and failed to take steps to fix the condition. What to do After a Slip and Fall in a Restaurant There are important steps you should take after a slip and fall accident in a restaurant: Get medical treatment. Your health and safety should always be your number one priority. It’s important to seek medical treatment as soon as possible. Even if you’re not sure whether you’ve been injured you should still seek medical treatment as the symptoms of any injuries may not present themselves right away. Notify the business.It’s important to notify the business of your slip and fall accident as soon as it happens. Get the name of any employee who responds to your complaint and make a note of any statements they make. Be sure to request a copy of any incident reports prepared by the business.  Document the scene.If you can, take pictures of the area the dangerous condition that caused your slip and fall accident. Also, take pictures of the surrounding area.  Gather information.Get the names and contact information of anybody that may have witnessed your accident. Place the shoes and clothing you were wearing at the time in a safe place as they may be used as evidence later. Decline to give statements.Keep your communications with restaurant staff limited. Do not give a statement to an insurance company. Contact an Experienced Slip and Fall Attorney If you’ve been injured in a restaurant slip and fall accident, you may want an experienced slip and fall attorney on your side. The lawyers at Abrahamson & Uiterwyk are here to help. Contact us online or call us at 800-753-5203 today to set up your free consultation. 

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Slip and Falls in Apartment Buildings

Category: Slip and Fall |

Most slip and fall accidents in apartment buildings and apartment complexes occur as the result of a landlord’s negligence. Under Florida law, a landlord has a duty to maintain the premises and comply with applicable housing codes. A landlord or property management company who fails to maintain their property and address dangerous conditions that they knew or should have known about may be held liable for any injuries that result.  Common Causes of Apartment Building Slip and Falls Slip and fall accidents can occur inside an apartment, but they are most likely to occur in the common areas of an apartment complex. Common causes of apartment building slip and falls include: Cracked pavement on sidewalks and parking lots. Cracked pavement or potholes in any area of an apartment complex can be hazardous. Broken staircases and steps. When handrails and banisters become loose or broken, tenants going upstairs can lose their grip and fall. Steps that are worn, cracked, or loose can also pose a danger. Torn carpet and flooring. Replacing worn carpeting and flooring can be expensive so often landlords fail to do so. Worn or torn carpeting and flooring can become tripping hazards for tenants and their guests. Inadequate lighting. Insufficient lighting of stairways, parking lots, and hallways can lead to slip and falls if a tenant is unable to see a hazard and therefore cannot avoid it. Wet floors. When proper mats are not used and wet surfaces are not kept dry, they can become dangerous conditions. In addition, if a landlord is made aware of a leaky roof or plumbing issues inside apartments and fails to fix them, they can be liable for slip and falls. Pools. Broken pool decks or steps, slippery surfaces, and other dangerous conditions at the pool can cause serious injury. Proving Liability in an Apartment Building Slip and Fall In order to prove that a landlord was responsible for an apartment building slip and fall, it must be established that: There was a dangerous condition The landlord created the dangerous condition, was aware of the dangerous condition, or should have been aware of the condition through the exercise of reasonable diligence The landlord could have repaired the dangerous condition or warned others of the existence of the dangerous condition There was a likelihood that the dangerous condition could cause an injury if left unattended The dangerous condition caused an injury Contact an Experienced Florida Attorney If you’ve been injured in a slip and fall accident in an apartment building or complex, you should have your case evaluated by an experienced and trusted personal injury attorney. The attorneys at Abrahamson & Uiterwyk have over 30 years of experience helping injured Floridians. Contact us onlineor call us at 1-800-753-5203 today to schedule your free consultation.

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When is a Business Responsible for a Slip and Fall?

Category: premises liability |

Slip and falls can happen anywhere, but oftentimes they occur on somebody’s business premises. Dangerous situations such as torn carpeting, spilled substances, and broken fixtures can all lead a slip and fall victim to suffer severe injuries. If someone has been injured at a business, when can the business be held responsible? When the Business Owns the Property If the business is the owner of the property where the slip and fall injury occurred,then it would make sense that the business may be held responsible for the injury. The essence of a premises liability claim is that a property owner has a duty to keep their property reasonably safe from dangerous conditions so that people who enter the property aren’t injured.  When the Business Leases the Property Sometimes smaller businesses lease the property where their business is located from a landlord who owns the property. However, the business can be liable for unsafe conditions that cause injury to someone even if they don’t own the property. Depending on the circumstances, you may be able to hold the landlord responsible for any damages, despite the business’s control of the property. When the Business has acted Negligently If the injured party was lawfully on the property, especially as a customer, that party is owed the highest duty of care. If the business owner acted negligently in either failing to repair a dangerous condition or failing to warn others about the condition, they are subject to premises liability. In order to establish liability, it must be shown that the business owner knew about, or should have known about, the dangerous condition. For example, if a customer spills something on the floor and another customer immediately slips on the substance, there may not have been sufficient time for the business owner to have been aware of the dangerous condition and taken steps to remedy it. In addition, the injured party will also have to show that the business’s negligence was the cause of the injury in question.  Contact a Trusted Personal Injury Attorney If you’ve been injured in a slip and fall at a business, you may need a trusted personal injury attorney on your side. The experienced attorneys at Abrahamson & Uiterwyk will evaluate your case for free. Contact us onlineor call us at 1-800-753-5203 to set up your consultation.

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Slip and Fall in Nursing Homes

Category: Nursing Home Abuse |

The decision to put a loved one in a nursing home is a tough one. When your loved one is injured in a slip and fall at a nursing home, there can be serious injuries such as fractured hips, fractured arms, and even traumatic brain injury. A fall in a nursing home is one of the most common causes of injuries. Nursing Home Liability Just like any other property or business owner, a nursing home is liable for slip and falls on their property if they have failed to keep the property in a reasonably safe condition. Therefore, a nursing home can be liable for falls caused by conditions such as: Torn carpeting  Slippery floors Poorly lit staircases Uneven surfaces Loose floorboards Debris on the floor However, a nursing home is also a skilled medical facility and can be held responsible for failing to adequately guard and protect residents who are especially prone to falling due to a medical condition. Many residents are admitted to nursing homes for health conditions that can make them prone to falling such as hip injuries, vertigo, fatigue, cognitive difficulties, and other medical issues. When a resident falls in a nursing home, there are a number of different factors that must be taken into consideration.   Nursing homes are required to maintain certain standards in regard to patient safety and care. The reality is that these standards are not always followed and falls can result from nursing home neglect. Some negligent acts by nursing homes that can lead to a fall include: Lack of supervision Overmedication Undermedication Lack of handrails Inappropriate activities Unsecured facilities When an elderly person falls in a nursing home, the resulting complications can be more serious than if a younger person fell. Fractured bones are common in nursing home falls. Therefore, if a resident falls, it is also important that the nursing home facility gets them evaluated by a doctor as soon as possible. Contact a Trusted Personal Injury Attorney The issues involved in a nursing home fall can be complex, so it is important if your loved one has been injured to contact a trusted personal injury attorney. At Abrahamson & Uiterwyk, we have over 30 years of experience representing the injured. Consultations are free so contact us online or call us at 1-800-753-5203 to schedule an appointment.

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Injuries in Gyms and Health Clubs

Category: premises liability |

By now our New Year’s resolutions are in full swing. For many people, these resolutions involve membership in a gym or health club to stay fit and healthy. We go to a gym to get healthy, but unfortunately, we can also get seriously injured. Unmaintained gyms can be dangerous, and people can sustain injuries that range from bumps and bruises to bone fractures and head injuries. Injuries at a gym or health club can occur in a number of different contexts from unsafe premises to negligent staff. Dangerous Gym Conditions  If you are injured while getting in shape at the gym, it may not always mean that the gym is liable. However, gyms and health clubs have a legal duty to keep their premises safe and reasonably free from dangerous conditions. Some common situations where a gym or health club may be held responsible for an injury include: Broken, defective, or improperly maintained gym equipment such as weight machines, treadmills, and elliptical machines Wet or uneven floors Torn carpeting Shoddy electrical work Debris and exercise equipment left in high traffic areas Improper spacing between exercise machines Using unqualified personal trainers or fitness instructors Incorrect setup of equipment Negligent hiring and failing to properly train staff  Failure to warn of the potential risks involved in the use of exercise equipment Even if gym or health club owners were not immediately aware of an unsafe condition, they can be held liable for an injury if proper observation or inspection would have uncovered the dangerous condition.  What if I Signed a Waiver? Some gyms may require members to sign a waiver releasing the gym or health club of liability for any injuries sustained on their premises. These waivers, however, are not blank checks that allow a gym to injure its members or users. Depending on the language of the waiver, you may still be able to bring a claim. If you’ve been injured at the gym and you signed a waiver, you should consult with an attorney to determine your rights.   Contact a Trusted Personal Injury Attorney If you’ve been injured at the gym or at a health club, it’s important to contact and experienced personal injury attorney as soon as possible. Contact the trusted lawyers at Abrahamson & Uiterwyk online or call us at 1-800-753-5203 to schedule your free consultation and we’ll evaluate your case.

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Escalator Accidents

Category: premises liability |

Escalators are a convenient way to move between floors without waiting for an elevator or climbing up the stairs. But escalators can be a more frequent cause of injury than people think. It is estimated that 10,000 escalator accidents per year in the United States result in visits to the emergency room. Escalator accidents can result in significant injury and trauma and are frequently the result of someone’s negligence. Types of Escalator Accidents Escalator accidents that can cause serious injury can happen in a number of different ways including: Debris on the escalator Loose steps Broken railings Entrance or exit plates on the escalator that are not close enough to the steps Escalator stopping and starting suddenly which can lead riders to lose their balance and fall Defective design that makes it easy to get trapped when two steps fold together Any of these conditions can lead to severe injuries including entrapment injuries, fractures, traumatic brain injuries, spinal cord injuries, and serious lacerations. Product Liability Sometimes the escalator is defectively manufactured or defectively designed. In these cases, the manufacturer of the escalator may be held liable for any injuries in a product liability claim. This is frequently the case with the escalator stairs are too close together, or there is too wide of a gap between the end of the escalator and the ground. Premises Liability Property owners and businesses have a duty to maintain their premises in a reasonably safe condition, and this includes a duty to ensure that escalators on their property are in safe, working condition. The safe operation of an escalator depends on regular and proper maintenance. When a property owner cuts costs on the upkeep of the escalator, there can be serious consequences. An improperly maintained escalator can make it more likely that accidents will occur. If an escalator maintenance company failed to properly maintain the escalator or make appropriate repairs, it might also be held liable if an injury is caused by a broken elevator. Contact a Trusted Attorney If you’ve been injured in an escalator accident, you should consult with an experienced personal injury attorney. Contact the trusted lawyers at Abrahamson & Uiterwyk online or call us at 1-800-753-5203 to schedule your free consultation.

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Defenses in a Premises Liability Case

Category: premises liability |

If you’ve been injured in a slip and fall accident, you may think that a business or property owner’s responsibility to pay for your injuries is automatic. This not the case. There are elements to your claim that must be proven, and you should also anticipate that the property owner will raise some defenses in response to your claim. Proving a Premises Liability Case In order to prove liability in a premises liability (or slip and fall) case, you must establish that: You were allowed to be on the property The business or property owner owed you a duty of care to inspect the property and keep it in a reasonably safe condition The property owner breached this duty of care because the owner knew or should have known about the dangerous condition on the property Your injuries were the direct result of the owner’s breach of the duty of care Common Defenses The defenses that may be raised in a premises liability case will depend entirely on the specific facts of a case. However, there are some defenses that are commonly raised, including: Assumption of the Risk—this is a very common defense. In order to prove this defense, the property owner must show that you knew about the danger, understood the risks of the danger, and voluntarily exposed yourself to these risks. No Knowledge of the Dangerous Condition—to prove a premises liability case, a plaintiff must show that the property owner knew or should have known about the dangerous condition. A property owner can argue that they were not aware of the dangerous condition however evidence that they could have discovered the hazard by exercising reasonable care in inspecting the premises or that they had constructive notice of the danger could overcome this defense. Comparative Negligence—a property owner may argue that you are partially to blame for your own injuries. For example, an owner may argue that you were not paying attention when you were walking, that you were on an area of the property where you weren’t supposed to be, the dangerous condition should have been obvious, or you were wearing the wrong footwear. Even if these things are true, Florida is a pure comparative negligence state. This means that even if you are partially at fault for your injury, the owner may be still be held liable for at least a portion of your damages. Trespassing—if someone has no legal right to be on the property than the owner essentially owes no duty of care to that person except under very narrow circumstances Contact a Trusted Attorney Premises liability cases can be complex, so if you’ve been injured on someone else’s property, you should consult with an experienced personal injury attorney. Contact the trusted lawyers at Abrahamson & Uiterwyk online or call us at 1-800-753-5203 to schedule your free consultation.

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