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Florida Slip and Fall Cases – Disney World – Expert Advice

September 23, 2009

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

Subject: Disney World – Florida Slip and Fall Case

Question: The first day of our Disneyworld vacation it was a little rainy
out and while walking down the stairs at the resort, I slipped and fell down
a flight. There are no step grips or signs stating caution or anything.  I did
notify the manager and received ice packs for my bruises.  My leg was pretty
bruised up and my back was a little sore.  Needless to say it ruined half of
our vacation time. Is there anything I should or could do?

Answer: In a Florida slip and fall you have the right to make a claim for
injuries, medical bills, pain and suffering, and lost wages when you are
injured as a result of another party’s negligence. Your injuries may heal
on their own in the next few weeks, or they may not.  So it is important to
take a few steps now that will protect your rights in the future.

The best advice I can give you is to speak with an attorney that specializes

in premises liability claims, i.e. slip and fall.  Your email does not say
where you live but you will most likely want to speak with a slip and fall
lawyer in Florida.  Because your accident occurred in Florida, it will be
controlled by Florida law, and any lawsuit that may need to be filed will
need to be filed in Florida.  Laws vary from state to state, so it is best
to speak with a slip and fall lawyer in Florida.

Depending on what resort your accident occurred at, there are slip and fall
lawyers in the Orlando area that specialize in claims against Disney World.
Between the different amusement parks, hotels and activities going on at DW,
there are thousands of claims that occur there every year.  Your email
doesn’t indicate whether it was a Disney resort, or just a resort in the
Disney area.  You may be surprised to learn that you are not the first one
to slip in this area at this resort.  Either way, you have a claim, and you
should look into it.

Your email also doesn’t indicate whether you are still at the resort.  If
you are, you should take several photos of the area where you fell, closeups
and photos from a distance to give perspective on where the accident
occurred, and why the area was wet.  You also want to make sure the manager
fills out an incident report, and you get a copy of the report, too.

Keep in mind, at least in a Florida slip and fall, just because a person falls on a
property, it does not automatically mean the property owner or manager is
responsible for injuries which result from the fall.  You have to be able to
prove that the property owner knew or should have known of the dangerous

condition that caused the fall, i.e. that the area you fell at gets wet
often, or becomes slippery when wet, or that they failed to maintain this
area in a reasonably safe condition.  Generally, a property owner 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.  This
means that if this is an area that regularly gets wet when it rains, the
resort should have taken steps to make sure that it protects its guests
against the slippery area, or at a minimum, warns guests about the slippery
area.

There is probably Medical Payments Insurance coverage available to you.
"Medpay" is coverage that will reimburse people that get injured on the
property for out of pocket medical expenses.  You need to get a copy of the
property manager’s insurance policy to see whether they have medpay, and if
so, what are the medpay policy limits.  You can obtain this by contacting
the resort, or if you retain a Florida slip and fall lawyer, they will know
how to get the information.

Claims in the case of a Florida slip and fall are evaluated based upon the degree of liability that
exists against the resort, the specific nature of the injuries, 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.  Additionally, the effect
the injuries had on your vacation, and on your family, can be factored into
a settlement demand or jury verdict.

You should contact a Florida premises liability attorney soon.  There are
many steps your attorney should take now, i.e. notify the resort and the
insurance company for the resort, find out what types of insurance coverage
is available, make sure photos have been taken of the area.  There are also
statutes of limitations which may apply and preclude you from bringing a
claim if you wait too long.
You also want to make sure that you seek medical care to document your
injuries now, and how they occurred, rather than wait to see if the injuries
go away.  Delays in seeking medical care can hurt your chances of a recovery
when you try to settle the claim

Most attorneys specializing in premises liability claims handle the claims
on a contingent basis,i.e. the 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 case.  So you really have nothing to lose
by at least speaking to a Florida slip and fall lawyer to find out whether
you can pursue a claim.

For more information about your rights in a case of a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.

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