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Case Of Slip And Fall On A Hospital Floor – Expert Advice

August 22, 2009

The following is an expert answer given by Slip And Fall Case Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I fell on a floor in the hospital while taking care of my brother. I hurt my back and knee pretty badly, but I did not go to the ER at that
hospital till the following day. They took a bunch of x-rays and said nothing
was broken, then referred me to see a back specialist. Is this worth pursuing
anymore? I can walk and do not have too much pain except for when my back has
a spasm. There was definitely something wet on the floor when I slipped.

Answer: The answer to your question is that you may have a claim.  It depends on the

State you live in, and laws that may apply to your claim.  I am an attorney
in Florida specializing in car accident, slip and fall (premises liability)

and workers comp claims.  Laws vary from state to state so the law in
Florida may be different than your state.  In Florida, you probably have a

claim, but you should consult with an experienced personal injury lawyer in
your area to find out what laws may apply to your claim.

Your email is not really specific as to how your fall occurred other than
the floor was wet.  Keep in mind, at least in Florida, just because a person
falls at a business, it does not automatically mean the business owner is
responsible for injuries which result from the fall.  You have to be able to
prove that the business owner knew or should have known of the dangerous

condition that caused the fall, i.e. the wetness on the floor was near a
hospital employee, the wetness was dirty so as to indicate it had been on
the floor for a long time, a leaking roof allowing water to drip onto the
floor, etc.  Generally, a business such as a hospital only owes two duties
to persons lawfully on the property – maintain the property in a reasonably
safe condition, and to warn persons on the property of dangerous conditions
that the person may not be able to appreciate themselves.

In Florida, a slip and fall case is evaluated based upon the degree of liability that

exists against the business, the specific nature of the injury, the amount
and type of medical care and bills that you have had, and that you may
continue to require in the future, and the amount of pain and suffering you
have experienced in the past, and future.  Lost wages and loss of future

earning capacity can also be recovered in Florida.  From what you have
described, your injuries sound significant enough to pursue a claims against
the Hospital.

The best advice I can give you is to speak with an attorney in your area
that specializes in premises liability claims, i.e. slip and falls.  
Many
attorneys say they do "personal injury" claims, but after asking around,
you’ll find they take anything that walks in the door.  Ask how many claims
like yours they have handled.  Ask them if they have tried any cases like
yours.  Maybe this is not the first time an accident like yours has happened

at this hospital, or maybe the hospital has a pattern of leaving many
dangerous conditions on the premises which have resulted in many claims for

injuries being made against it.  If its a large hospital such as some of the
ones in Florida, you can almost guarantee that there have been other slip and fall case claims
made against it for claims like yours.

You should contact an attorney soon.  There are many steps your attorney

should take now, i.e. notify the insurance company for the hospital, find
out what types of coverage are available, preserve and obtain witness
statements, obtain medical records, get photographs of any visible signs of
injury, etc.

Most attorneys specializing in premises liability claims handle the claims
on a contingent basis,i.e. their attorneys fee is a percentage of any money
they recover for you, and offer a free, no-obligation consultation to
discuss whether you have a viable slip and fall case.

If you claim occurred in Florida, I would appreciate the opportunity to
speak with you about your options.  

For more information about your slip and fall case, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at http://www.jmmlawyers.com, or email him today.

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