Latest Blogs

"Every time a senior falls, there is a chance of catastrophic injury and/or death. Since 2008 the first week of Fall each year has been designated as 'Fall Prevention Week'. This year 'Fall Prevention Week' is September 23 - 29. We, at Spivey Law Firm, Personal Injury Attorneys, P.A., have seen the results of slips and falls on the lives of families. We urge everyone to become more aware of this danger in their own lives and those of their loved ones," said Fort Myers Slip and Fall Attorney, Randall Spivey.

The National Council on Aging reports that unintentional falls are the leading cause of injury death among Florida residents ages 65 years and older, and the fourth-leading cause of injury death overall. Falls are also the leading cause of non-fatal injury-related hospital admission in Florida.

There are nearly 700 nursing homes in Florida with close to 84 thousand beds. In addition to nursing homes, there are 3,050 licensed assisted-living facilities in the state. These facilities have about 85 thousand beds, according to the Florida Health Care Association. A high percentage of Florida's seniors live in nursing homes or assisted living facilities.

The findings in a survey conducted by the CDC (Centers for Disease Control), showed the following common causes of nursing home falls:

• 27% are due to environmental hazards such as wet floors, poor lighting, incorrect bed height, and improperly fitted or maintained wheelchairs.
• 24% are due to patient muscle weakness and walking or gait problems.
• Medications can increase the risk of falls and fall-related injuries. Drugs that affect the central nervous system, such as sedatives and anti-anxiety drugs, are of particular concern. Fall risk is significantly elevated during the three days following any change in these types of medications.

In addition to the slip and fall dangers for seniors, the general public is also at risk. Business owners have the responsibility of maintaining a "slip- and fall-free" environment for their patrons. The dangerous conditions which may exist in businesses are: torn carpeting, changes in flooring, poor lighting, narrow stairs, along with wet and slippery surfaces.

In addition to this, business owners have a duty to warn people of potential hazards. This includes the potential of falling for those who use a business's escalators. On more than one occasion a senior attempted to use an escalator which was going too fast for her, and she had to quickly grasp the handrail. This happened both going up and coming down from the second floor. To prevent such an accident, the business owner should have put warning signs up that the escalator may not be the proper mode of reaching and leaving the second floor for everyone. It should have directed patrons to the elevator as an alternative.

What is Florida's law regarding responsibility when it relates to slips and falls?

Florida Statute 768.0755 Premises liability for transitory foreign substances in a business establishment says:

(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:

        (a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or

         (b) The condition occurred with regularity and was therefore foreseeable.

(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.

Fort Myers Slip & Fall Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 23