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Rain Storm Slip And Fall Injury – Florida Expert Advice

August 24, 2009

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

Question: I am a 25 year old female who lives in Michigan. About a week ago it was raining really hard and I went to the gas station across the street for a cup of coffee, which is normal for me. I opened the door, walked in and immediately violently slipped and caught myself before I hit the ground. There was no rug at the door like there normally is. The attendant looked at me and said "I can’t do anything for you, there is a wet floor sign." He pointed to the sign which was very small and below knee level. My knee and ankle immediately started throbbing so I drove myself to the hospital and they gave me xrays. Nothing was broken, but they told me I had a knee strain and gave me crutches, wrapped my ankle in an ace bandage, and put my left leg in a immobilizer from my thigh to almost my ankle. I contacted a lawyer who took my case, but I was just wondering how hard it would be to win my case. There is a surveillance video, and also I sent a friend to take pictures the same day. You can not see the sign from the outside, and the attendant had moved the rug and the sign to where it was supposed to be. The lawyer sent me to a doctor, who informed me I had messsed up my knee pretty badly (MCL?) and the ligaments in my ankle were messed up. I have multiple contusions in my back and my legs and am in constant pain and not comfortable. I can’t do anything including work for at least a  month and I just started a new job. Another thing is, I am a model, and do quite a bit of runway shows and photoshoots. I live on the third floor of an apartment building and have to have constant help with the stairs, cooking and cleaning etc. I go to this gas station almost everyday, and have never slipped or anything. I had on flip flops, and was not on my cell phone. Also when asked, the attendants would not call the police, so I asked another lady at the pump would she and she said she did not have her cell phone. Before I could ask her anything else the attendant came up behind me and closed the door, prohibiting me from getting a witness statement because the lady drove away. The floor was muddy and wet, as it had been raining really hard and it looked like people had been in and out the gas station because it is open 24 hours. The rug that was supposed to be by the door was pulled all the way back leaving a good 2 feet of open, wet, muddy tile. I didn’t have a chance to see the sign because as soon as I stepped in, I slipped immediately. I am very upset because I am missing work, shows, and just the overall quality of life because I have to keep this brace on for another 3 weeks, then go through physical therapy because I can’t invert my ankle. I was wondering did I have a case? Thank you for your time.

Answer: The answer to your questions depends on the law in Michigan for a slip and fall injury. Florida personal injury claims such as car accidents, slip and fall cases, and work accidents are what I specialize in.  However, laws vary from state to state so what happens in a Florida slip and fall injury may not be the case in Michigan.

The best advice I would give you is do speak with your about your claim.  He can advise you what the law is in Michigan for slip and fall accidents which occur such as yours.  He also knows the facts of your case, good and bad, and can give you an idea of whether you have a good case.

Generally, a store owner 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.  The fact that the store put a "wet floor" sign at the entrance may hurt your case, but maybe just walking in the door you didn’t have a chance to see it.

Has your attorney received a copy of the surveillance video?  That will be the best evidence as they are usually trained right on the entrance/exit. If the store hasn’t provided a copy yet, your attorney should have at least written to the store to make sure they preserve the video as they get recorded over after a certain period of time, i.e. every 24-48 hrs.

I specialize in Florida slip and fall injury cases, but not all lawyers do. Make sure your attorney is one that specializes in premises liability claims.  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.  And, how many slip and fall claims they currently have now.

I think you have a good claim based upon the injury, your profession, and the limitations you have right now.  The most difficult part of the claim is going to be proving liability against the store when they have the "wet floor" sign out.  Make sure you document and keep records of the income you are losing as a result of the injury.

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

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