Posts Tagged ‘florida premises liability’

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Walt Disney World, Florida Slip and Fall Question – Expert Advice

February 18, 2010

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 Question

Question: While visiting Disney World in December 09, I was in the restroom in the lobby at one of the resorts, and while exiting the restroom I slipped and fell on the wet floor (no signs were posted). I was taken to the Celebration Hospital via ambulance. I was diagnosed with a concusion and was required to stay in the hospital for two days.

What is Disney responsible for – medical bills, pain and suffering? Do I have a case?

Answer: The best advice I can give you is to speak with an experienced Florida slip and fall injury lawyer about your claim.  Believe it or not, there are attorneys in the central Florida area that specialize in accidents that occur at Walt Disney World.  And many of the claims involve slip and fall accidents.  As you could imagine, with as many people that go through WDW and its resorts on a daily basis, there are a lot of accidents that occur.

Keep in mind that WDW is not responsible for every slip and fall that occurs at one of its resort hotels.  In Florida, a hotel owner/operator 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.  You need to be able to prove that WDW knew, or should have known, about the wet floor.  There are different ways to go about doing that, but it is best to consult with an experienced Florida slip and fall injury attorney to discuss the facts of your claim.

If you can prove WDW is liable for the claim, Florida law allows you to recover money damages for your injury(s) and resulting damages such as medical bills, lost wages, and damages that you may lose in the future due to your injury.  You can also recover money damages for your pain and suffering, both past and future.

You should consult with an experienced Florida slip and fall lawyer that has handled claims against WDW.  It is best to find an accident injury lawyer in central Florida that can investigate your claim. You should speak to a lawyer soon.  The lawyer will advise you how best to pursue your claim.  You will also want the lawyer to put WDW on notice of the claim, preserve any evidence such as surveillance video or witness statements, and help coordinate your medical care.

For more information about your rights in a case of a Disney World, 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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Expert Questions & Answer About A Florida Work Injury

January 19, 2010

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

Question:
I had an accident at my job where I badly hurt my ankle and foot. I did let a supervisor know about the accident but I told him I would be ok and that paperwork was not necessary. Well the next day my condition was worse. The pain was severe on my ankle and foot. So I told the supervisor that I need to fill out the paperwork. They sent me to their company doctor. Their doctor ordered me to stay home from work for two days and stay off my foot. This was written in black and white and I delivered the paperwork to my bosses. My pain was severe and I had to be laying down with my foot elevated to slow down the swelling. My supervisors said that I would have to immediately go on light duty right after my meeting with their doctor. Are they allowed to override the doctors orders? I declined because of the pain I was suffering. Can I lose my job for this? This was their doctor’s orders, not my doctor. I live in Florida. Thank you

Answer:
Your answer raises many issues in Florida’s workers compensation system.  

When you have a Florida work injury from being injured on the job, presuming your employer has workers compensation insurance coverage, the employer is supposed to put their insurance carrier on notice of your injury and the claim is handled by the WC insurance company.  In some very large companies, a portion of the claim may be administered from within the company.  However, 9 times out of 10, the claim is handled by the WC insurance company or a Third Party Administrator hired by the insurance company.

It is the insurance company, or their Administrator, that makes the decisions regarding your medical care.  This includes choosing the doctor from whom you receive your initial medical care.  They will usually meet, or at least speak to your doctor after your appointment so that they know what type care the doctor is prescribing, and whether you can return to work. Your employer does not choose your doctor, and cannot override your doctor’s work restrictions or limitations.

I am unable to determine from your email who it is that chose this initial doctor.  Usually in a Florida work injury or worker’s comp claim, the initial medical care comes from a "walk-in" clinic.  However, if the doctor told you to stay home, you are supposed to stay home.  The employer exposes themselves to a more serious workers compensation claim, as well as OSHA violations, by forcing an injured worker back to work against his doctors orders.

The first thing you should do is verify that the employer has notified their WC insurance company.  The employer is required to fill out a "First Report of Injury", which is signed by you and the employer, then forwarded to the WC insurance company.  Once this happens, a WC adjustor takes over the management of your claim.  The WC adjustor will understand that a "no work" restriction means you stay home from work, even if the company wants you back right away.

If there is a WC insurance company involved, you should contact your adjustor to discuss the issue.  The adjustor can get the employer straightened out.

There are many variables that could affect my advice to you.  These include the name of your employer, whether you work for a government or municipality, the size of the employer and whether they have WC insurance coverage, the doctors report and specific limitations, and a few other factors.  Florida workers compensation system can be a frustrating and aggravating experience.  It’s important to make sure your claim is set up correctly when it first occurs, and that you are receiving all the benefits that you are entitled to receive.  This includes having an adjustor, or a workers compensation lawyer stop an overbearing employer from forcing an employer back to work against his doctors restrictions.

For more information about a Florida work injury, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529 or email him today.

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Have You Been Denied Worker’s Compensation Benefits? – (Florida) Work Injury Information

January 9, 2010

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

Question:
I was recently injured at work. I work in a warehouse in Maryland loading and unloading rail cars. I fell out of one of the cars while attempting to put the ramp down between the car and the dock door. I followed all the procedures made by my company and workers comp. I went to the hospital ER and told them that I was having shoulder pain in both shoulders. They told me I had just some pulled muscles.

A week later I went to an occupational health doctor for a follow up. I was asked if I had xrays taken and when they found out I didn’t, they sent me to get them done. It was later found that I have a fractured clavicle. I have since been denied workers comp pay and or coverage for treatment due to the fact that I did not fully describe in the accident report that I had injured my shoulder. That was a month ago. I hired a lawyer shortly after I got denied compensation for care and pay. Does it take this long for a lawyer to get the ball rolling? I haven’t seen a doctor since I was told I had a fracture and was denied care. My position has since been terminated do to me not being at work, and I have bills piling up. He told me he would refer me to to a doctor, and get all the necessary paperwork done so I can receive care and pay for my injury, but nothing has been done as of now and its has been more than a month and a half. My question(s) being is how long does this normally take? Am I entitled to pay while being out of work even though my position has been terminated? Do you believe that this particular lawyer is doing all that he or she can?

Answer:
Since your claim occurred in Maryland, I can’t give you details on how the workers comp system works up there.  I’m a Florida injury lawyer specializing in car accidents, slip and falls, and and Florida work injury (workers compensation) accidents.  Laws vary from state to state, particularly in the area of workers compensation, so you need to speak with the workers compensation attorney you have in MD, or get a second opinion from another experienced workers compensation lawyer.

If Maryland is anything like Fla., the workers comp system moves slowly.  If the insurance company denies your workers compensation benefits, we call that denying compensability.  When compensability has been denied in Florida, we have a form called a Petition for Benefits (PFB) which needs to be filed.  Once a PFB is filed, the State automatically sets down the claim for mediation, and a final hearing date.  A mediation would be an opportunity to negotiate with the work comp insurance company on the issue of compensability, and/or to settle your claim for a lump sum of money.  If no resolution comes from the mediation, your claim is set down for Final Hearing.  A Final Hearing is basically a trial, in front of a judge, who will decide whether you should get the benefits that have been denied.

Florida’s workers compensation laws are spelled out in Florida Statutes. Fla. Statute 440.25 states that once a PFB has been filed, a mediation must be held within 130 days of the filing of the PFB. If the parties fail to resolve the issue at mediation, or don’t settle the claim, a final hearing must be held and concluded within 90 days after the mediation is held.

I don’t know if MD has a process like this, but you should ask your attorney. Even if he doesn’t have actual dates for when a mediation or final hearing are going to take place, he should be able to describe the process to you sufficiently to give you a rough estimate of when you can expect to get your claim in front of somebody that can decide the compensability issue.

Regarding your pay while you are out of work, again, MD is probably different than Florida, but Florida work injury laws state that a person injured at work, who is unable to work due to the injury, is entitled to a portion of their pre-injury average weekly wages while they are out of work.  This would include a situation where a person is injured at work, placed on light duty work capacity by his doctor, but the employer has no light duty work available for the person.

My advice to you would be to ask your workers compensation lawyer to explain the process for obtaining, or at least contesting, your workers compensation benefits, including the timelines for a mediation or trial.  If the lawyer does not explain it to your satisfaction, go speak with another experienced workers compensation lawyer.  In Florida, most experienced workers compensation attorneys will meet with you for a free, no obligation consultation to talk about your case.  If you’re not satisfied with your workers compensation lawyer, you can switch to another.

For more information about a Florida work injury, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529 or email him today.

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Florida Slip and Fall Cases at Wal Mart – Expert Advice

December 12, 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:

Question:
My elderly mother fell in WalMart nearly 3 years ago and the case is still in litigation. The store was being remodeled and where they had moved a shelf to prepare to replace the floor, a small piece of tile was missing. Her foot struck this indention and she went down, breaking her shoulder and causing massive damage to the point that my sister and myself had to dress her, wash her her hair and numerous other tasks she needed 2 hands to accomplish. She lost so much of the use of her arm that she is severely limited. Of course now, 3 years later, she has also had a stroke and is paralyzed on that same side. Will WalMart attorneys likely downplay her injuries to the jury and make it seem like her stroke was the real problem? Just curious as to what to expect once we get into court. We have mediation in a couple of weeks so I’m hoping that things get settled before we get to court. Thanks for your time.

Answer:
Your email does not indicate what state you are from.  I am a Florida accident lawyer specializing in car accident, Florida slip and fall cases and workers compensation claims.  Laws vary from state to state, so you should speak with your mother’s attorney to get accurate advice.

Your attorney should be sitting down with you in the next week or so to let you know what to expect at mediation, and if the case does not settle at mediation, what to expect at trial.  The large majority of cases that go to mediation settle, so I would say that your mother’s case has a decent shot at settling.  However, I know very little about her case, so you are best to speak with your attorney about the chances of settling prior to trial.  He may have already spoken to Wal Mart’s attorneys and has an idea whether the case may settle at mediation.

Wal Mart’s attorneys, and all insurance defense attorneys, will use any potential defense available to them.  If Wal Mart’s attorney thinks that he/she can convince a jury that some or all of your mother’s problems are due to the stroke, versus the fall, you can bet that the attorney will try to do that.

Your attorney should be able to distinguish between the two events by using testimony from family and friends about the effect the fall had on your mother, even prior to the stroke.  Your attorney will also use your mother’s medical records after the fall to show how much of an effect the shoulder injury had on her activities of daily living – work, taking care of herself, spouse or family, leisure activities such as exercise or sports, volunteer work she may have done.  Your attorney will try to paint a picture of an active, healthy lifestyle before the fall, with the fall causing a substantial decrease in your mother’s activities after the fall, but before the stroke.

One question that I have is whether any of your mother’s doctors would testify that the decrease in your mother’s activities due to the fall is what caused the stroke?  Or possibly the stroke was caused by medication that your mother began taking after the fall due to her injury?  These are issues I am sure your attorney is exploring.

In Florida slip and fall cases, as in most personal injury cases, mediation is the best opportunity to settle the case prior to trial.  You should contact your mother’s accident injury lawyer and set up a time to sit down with the attorney to discuss mediation.  You should discuss the amount of money the attorney is going to ask for at mediation, whether there have been any offers from Wal Mart so far, the risks of going to trial, and the strengths and weaknesses of your mother’s case.

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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Florida Slip and Fall Cases – Atlantic City Casino – Expert Advice

September 25, 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: Slip and Fall at an Atlantic City Casino

Question: 10 days ago, I was staying at the Borgota Casino in AC. After
coming back inside from checking the weather (it was very nasty and rainy
out), I tripped and fell onto my left knee in the entrance way. Because of
the weather and foot traffic from the revolving door, the floor was wet, but
there weren’t any "CAUTION WET FLOOR" signs.
I assumed that I just bumped it and it was swollen so I didn’t take any
further action to report it. I don’t have health insurance so I didn’t want
to have to pay an enormous fee at the hospital to get it checked out.

It’s been 10 days, and I can’t even bend my knee now. The swelling hasn’t
gone down, and I feel there may be some fluid in my knee cap. Like I said, I
have been laid off from my job, and don’t have health insurance and can’t
afford to see a doctor. How do you suggest I go about contacting the Borgota
and letting them know of my injury? Is it too late?

Thanks for your help.

Answer: It is not too late, but it’s getting close.  My advice to you
is to contact an accident lawyer in New Jersey and discuss the claim with
him/her asap.  The answer to your question depends on the law in New Jersey
for slip and fall accidents, and how bad your injuries are.  I am a Florida
accident lawyer specializing in auto accidents, Florida slip and fall cases, and workers
compensation claims.  Laws vary from state to state so the law in a Florida
slip and fall
claim may be different than one in New Jersey.

The best advice I can give you is to speak with a accident lawyer in New
Jersey that specializes in premises liability claims, i.e. slip and falls.
He can advise you what the law is in New Jersey for slip and fall accidents
such as yours.

Generally, a landowner such as a hotel 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.  Water on the floor is a pretty common
example of the hotel not maintaining the property in a reasonably safe
condition.  The fact that it occurred near the revolving door, with poor
weather outside, indicates the hotel either knew of the slippery floor, or
definitely should have known about it.  If you can establish liability against the hotel, you should be entitled to compensation for your injury,
pain and suffering, lost wages, and whatever benefits New Jersey law allows.

I have found in Florida slip and fall cases, many people will wait to see if the injury disappears over time, but often
times it does not.  You have not waited too long, but you should move
quickly to have a accident attorney evaluate your claim, and to seek medical
care.  Your attorney can advise you of ways to seek medical care even if you
don’t have health insurance.

You should contact an attorney soon.  There are many steps your attorney
should take now, i.e. notify the insurance company for the casino, find out
what types of coverage are available, obtain photographs, etc, that should
all be done now.  The Borgota is a large hotel/casino.  There are most
likely other cases like yours which have occurred there.  If you contact an
experienced accident lawyer, he/she has most likely handled a claim against
the Borgota and can tell you whether an incident like yours is a common
occurrence there.

Most accident 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.  So, you have nothing to lose by
meeting with an accident lawyer to discuss the claim.  If it has been 10
days and your knee is still swollen, you are probably going to find an
accident attorney interested in pursuing your 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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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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Florida Slip and Fall Cases – Broken Foot – Expert Advice

September 13, 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:

Question: I had a slip & fall which caused a broken foot.   Surgery was done & 10 weeks of physical therapy. What is the usual payout on this type of lawsuit?

Answer: The value of your claim depends on many, many factors, and it would be difficult for me to even guess what your claim might be worth. The short answer is – there is no "usual payout" on an injury claim.  The reason is each claim is different factually, and different in the way it affects people.

For starters, your email does not indicate in what state you live.  I am a personal injury lawyer in Florida specializing in car accident claims, slip and fall claims, and workers compensation claims.  If your claim occurred in Florida, my suggestion is to give me a call toll-free at (866) 556-5529 to discuss your claim in detail.  Laws vary from state to state, so the law for Florida slip and fall cases may be quite different than the laws where you live.

You most likely have a claim for payment of your medical bills, and a claim for your injury and pain and suffering.  Claims in Florida slip and fall cases are evaluated based upon the degree of liability that exists against the property manager, 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.

Keep in mind, at least in Florida slip and fall cases, 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.  Generally, a property owner or property manager 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.  Your email does not give any details about how or where the accident occurred, so it is difficult to know whether you can make a claim.

The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. trip and fall.  The attorney can advise you what the law is in your area for trip and fall accidents such as yours. 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.

You should contact an attorney soon.  There are many steps your attorney should take now, i.e. notify the insurance company for the property owner, find out what types of coverage are available, including whether any medical payments coverage exists.  If the accident occurred at a big box store, or large development, you’ll want to check to see whether there have been claims similar to yours that occurred at the location.  There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long.

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. You have nothing to lose to at least speak to an accident injury lawyer to see whether you have a claim, and also get a better idea of the value of your claim.

If you are in Florida, I would be interested in speaking to you further about your claim.

For more information about Florida slip and fall cases, 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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