Fort Myers, FL asked in Personal Injury for Florida

Q: I was at a retail chain grabbing a couple items and fell on a wet floor with no sign

Normally I would blame myself as I've never sued anyone in my life, but a few things urked me. The store is always a cluster. Boxes in isles, metal storage carts everywhere, merchandise on ground etc. They appear to keep these metal storage Carts outside and it recently rained. The storage carts must have been leaking water and I happen to be looking around and not on the ground and slipped and fell on it. I hit my head enough to knock me out or stun me for several seconds and popped my ankle. Due to the bruising and swelling on my head and ankle I went to the er. I was diagnosed with a hematoma and head injury and a sprained ankle, but need to follow up with primary care as x-ray doesn't show torn muscles. I plan to do that Monday. Also my vision is off, dizzy, ears sensitive and have the signs of a concussion.. feeling miserable and hoping these symptoms go away fast

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3 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You did not ask a question, which is the purpose of this website. If you are wondering whether you can make a claim for money damages, including medical bills and for pain and suffering, yes, you certainly can. Seek a free consultation with a personal injury attorney in your general geographic area. The attorney will evaluate the facts of your accident and your injuries and determine if the claim is worthwhile for representation on a contingency fee basis (meaning fees and costs from recovery, rather than from you up front).

Tim Akpinar agrees with this answer

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Orlando, FL
  • Licensed in Florida

A: You may have a case. In Florida the burden of proof is on the Plaintiff to establish that the property owner was on sufficient notice of the dangerous condition that caused your accident ; and failed to take corrective action to remove that condition. Discuss with counsel here in Florida the details of this accident to see if you have a viable claim.

Tim Akpinar agrees with this answer

Gregg M. Hollander
Gregg M. Hollander
PREMIUM
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You may very well have a case. However, Florida law is not always favorable to victims of a slip and fall incident. In Florida, if a person slips and falls in a business establishment, the injured person must prove that the business establishment knew or should have known of the dangerous condition and should have taken action to correct it. Establishing a business should have known of the dangerous condition may be proven by showing that:

(1) 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

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

Given your facts, I would suggest consulting with a personal injury lawyer in your area who can gather more details from you and let you know whether this is a case worth pursuing. Regardless, your health is the most important thing so you should definitely follow up with medical professionals to evaluate all of your complaints and symptoms.

Best of luck.

Tim Akpinar agrees with this answer

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