Watch Out For The Ice! Expert Advice From A Florida Slip And Fall Attorney

January 10, 2010

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


I fell on ice in my condo parking lot a few weeks ago. The condo association cleared the parking lot of snow and shoveled most sidewalks but they did not shovel the sidewalk in front of our cars, so my only access to my car was on the blacktop.  I slipped on black ice and fractured my arm and am currently in a sling for four weeks. I can not drive to work. I have had to pay for transportation. I am also the caregiver for my son’s two children every other weekend and can not lift my grandson.  I was told that if it heals properly within four weeks I will then go to physical therapy.  I called the maintenance association and told them to please come back out and shovel the sidewalk so we could access cars and they never did.  Do I have a legal right to sue them for negligence, physical harm, pain and suffering etc?

The answer to your questions depends on the law in your state for slip and fall accidents, and particularly how your state courts treat slip and falls on ice.  I am a Florida attorney specializing in car accidents claims, slip and falls claims, and workers compensation accidents.  Laws vary from state to state so what happens in a Florida slip and fall case may not be the case in your state.

The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and falls.  He can advise you what the law is in your state for slip and fall accidents which occur on ice.

Generally, a landowner 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.  Based upon your email, the maintenance association knew about this dangerous situation because you called them and advised them of it.  It has probably happened repeatedly in this parking lot.  However, they failed to correct the danger, or provide some other safe route to your car, which should allow you to pursue a claim against them.

You should contact an attorney in your area soon that specializes in premises liability claims.  Slip and fall accidents are somewhat of a specialty to handle them successfully. There are many steps your attorney should take now, i.e. notify the insurance companies for the maintenance association, find out what types of coverage are available, and if there are any other entities that may be responsible, i.e. maybe your maintenance association called another company to come clear the sidewalk, and the other company never responded.  Your attorney should also obtain photographs of the area where the accident occurred, particularly if you can get photos of the area with the black ice on it as it was on the day of your accident.

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 case.  You usually do not have to pay anything up front, and if there is no recovery, you do not owe anything. So, you have nothing to lose by at least speaking with an accident lawyer. Just by my own experience in Florida slip and fall claims, if I don’t think a person has a viable case, I will tell them right up front.  There is no point in creating false expectations and wasting your time and the attorney’s time.

For more information about a Florida slip and fall case, 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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