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Before, during and immediately after a holiday season, there are sales everywhere. Because of this, there are crowds everywhere and the rate of shopping injuries tends to increase. Of these injuries, slip and fall accidents are the most common.

Many may be surprised by how serious falls can be. Not only are slips and falls the cause of 15 percent of all accidental deaths, second only to motor vehicle accidents according to OSHA (Occupational Safety and Health Administration), the average cost of a slip or fall accident has ranged around $22,000.

Slip and fall accidents can be prevented with vigilance and proper safety techniques. They often are caused by a variety of issues which range from clutter and debris, uneven surfaces, wet and/or greasy floors, and a lack of hazard identification.

A property owner is responsible for making sure his/her premise is maintained and kept in such a way as to insure visitors will not be injured. Accidents, such as slip and fall, are covered under premises liability law. A property owner’s liability extends throughout the property and includes the parking lot, restrooms, aisles, checkout lines, dressing rooms and entries and exits. Shoppers, and other visitors, have the right to expect that they will not encounter hazardous conditions when shopping or visiting a business.

In October 2014 there was a verdict against Pilot Travel Center, LLC owner of Flying J truck stop in the Tampa area because of a diesel spill near the pump was not properly cleaned. Because of this lack of attention to the potential hazard, the defendant fell. After falling he had two arthroscopic surgeries for a shoulder tear and aggravation of his knee arthritis.

A 50-year-old man slipped and fell in a Costco in Lee County in September 2014. The cause of the fall was found to be water from wet shopping carts. The man suffered a herniated disc.

How is a slip and fall case established?

OSHA believes that nine out of ten injuries which are suffered at retail properties can be attributed to negligence.  Essentially in Florida to establish a slip and fall case, the plaintiff must establish that there was a substance on the floor, or condition in the establishment which caused the injury, and that the business owner or operator either caused the substance to be on the floor, had actual knowledge of its presence, or should have known of its presence and cleaned it up.

Florida statute of limitations

The statute of limitations in Florida [Statute 95.11(3)(a)]is four years from the date of the incident. The same four-year filing requirement applies to any property damage lawsuit. It is important to seek legal advice about your accident or injury right away in light of the statute of limitations.

What is a slip and fall claim worth?

Every case is different, but there are some common considerations:

1. Medical Bills-Present and Future
2. Pain and Suffering
3. Lost Wages
4. Loss of Earning Capacity

Tips on what to do following a slip and fall accident:

• Seek medical attention as soon as possible.
• Report the accident to a person who has authority over the property.
• Take pictures of the exact location the accident happened.
• Record witness names, address and phone numbers.
• Preserve your clothing, which can serve as evidence later.
• Contact an attorney.

If you are a loved one has been injured in a slip and fall accident at a retail establishment, contact the experienced team at Spivey Law Firm, Personal Injury Attorneys LLC to determine your rights.

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 239.793.7748.