Why should I get medical help after a restaurant slip and fall accident?
After a slip and fall accident, see a doctor right away. Falls can seem minor but may cause serious problems later. A prompt examination helps you understand your health and ensures you get the right treatment. It also provides documentation linking your injury to the fall, supporting your compensation claim.
Can I sue the restaurant if they fail to take quick action after I slip and fall?
Yes, a restaurant can be sued if its staff fail to help a slip and fall victim. This is negligence, especially if it worsens injuries. Restaurants are responsible for keeping their patrons safe.
This includes offering help if an accident occurs. If the staff’s failure to act is a breach of this duty, the victim might have grounds for a lawsuit.
What evidence is necessary for a restaurant slip and fall claim?
Your personal injury lawyer will use the following evidence to strengthen your restaurant slip and fall claim:
- Witness Information: Restaurants often have witnesses, including staff and patrons. If patrons used cards, your attorney can contact them via transaction records.
- Video Surveillance: Security footage of the incident is crucial. Your lawyer can get footage through legal channels if the restaurant does not release it.
- Emergency Calls: 911 call recordings are important as they show the urgency and severity of the accident. Your lawyer will locate the callers for further testimony.
What should restaurants do to prevent slip and fall accidents?
Slip and fall accidents are preventable, a fact that restaurant owners and their insurance companies understand. Preventative measures, like better employee training and quick spill responses, require investment.
A smart restaurant owner prevents accidents by:
- Training employees to watch for spills and slip hazards
- Using yellow warning signs in wet areas
- Quickly cleaning tables and floors after customers leave
What if a customer spilled something and then slipped on it? Do they have a claim?
Yes, a claim can still be filed against the restaurant if a customer causes the spill. To have a viable claim, the injured party must show that the restaurant knew about the spill. This includes showing they should have discovered and cleaned it in a reasonable amount of time. Additionally, the injured party must prove they were unaware of the spill before the slip and fall.
How do I prove negligence in a restaurant slip and fall case?
If you slipped in a puddle at a restaurant, broke your hand, and are considering a claim, understand that it involves proving negligence. You must show:
- The restaurant owed you a duty of care.
- The restaurant breached that duty.
- This breach caused your injury.
- You suffered harm.
You need to prove that the restaurant:
- Knew or should have known about the hazard.
- Failed to take steps to prevent accidents.
In Florida, contributory negligence means your compensation will be reduced if you are partly at fault. The restaurant might say you weren’t paying attention or entered an off-limits area. They might even say the wet floor was obvious.
You can still file a claim against them, but you’ll need a personal injury lawyer. A lawsuit may be necessary if negotiations fail.
How will my Florida slip and fall attorney negotiate my settlement?
Insurance companies and defendants often try to reduce payouts or deny claims.
A personal injury lawyer gathers and examines proof for a fail settlement. This includes medical records, police reports, witness testimonials, lost wages, and other documentation to establish liability. These also quantify damages.
With their knowledge of personal injury laws, they counter lowball offers and negotiate aggressively to ensure full compensation for medical expenses, lost wages, pain and suffering, and other damages.
They challenge lowball offers head-on. They negotiate to secure full compensation for medical expenses, lost wages, pain and suffering, and other damages.
What is premise liability?
Premises liability means property owners must ensure their property is safe. If someone is injured due to unsafe conditions caused by the owner’s negligence, the owner may be responsible for the injury costs.
What is Florida’s statute of limitations for premise liability claims?
In Florida, you must file a lawsuit or premises liability claim within four years from the accident date. If the accident caused a loved one’s death, you need to file a wrongful death claim within two years.
Although two or four years might seem enough, a strong premises liability case takes time to develop. Act quickly to strengthen your claim.
Who is liable for my restaurant slip and fall injuries?
The following could be held responsible for your restaurant slip and fall injuries:
- Restaurant Owner: If they didn’t fix a dangerous condition, like a wet floor or worn carpet.
- Restaurant Staff: If they caused or ignored the hazard, like a spill.
- Cleaning or Maintenance Crew: If they did a poor job of mopping up the spill that made you slip.
- Property Owner: If the issue was with the building itself such as a hazardous parking lot.
In general, it’s about who didn’t keep the place safe.