Can You Sue a Grocery Store for Slip and Fall?

People that have been injured in a slip and fall situation at a grocery store or supermarket may not be aware of their legal rights. In Florida, with the help of a West Palm Beach slip and fall attorney, it is possible to take legal action to gain financial compensation for your expenses and suffering. Most people not only are unaware of their legal options, but also cannot tell if they have a valid claim. Here are some points to keep in mind regarding slip and fall cases at grocery stores.

Grocery Store Slip and Falls are Common

If you have fallen and injured yourself in a grocery store accident then you are not alone. With thousands of people shopping each day across the country, it’s inevitable that accidents will happen. Common causes of injuries in grocery stores include:

  • Slippery floors from product spills and leaks
  • Defective entry doors
  • Falling items from shelves
  • Improperly placed floor mats
  • Obstructions in aisle ways
  • Cracked pavement and flooring

Grocery stores have a legal obligation, known as a duty of care, to keep their visitors safe from undue harm. This means that simply falling in a store is not grounds for a lawsuit. The injured must be able to prove that there was an unsafe condition and the defendant was negligent.

Proving Your Slip and Fall Case

The burden of proof is on the injured to show that the grocery store breached their duty of care and caused the harm. It can be difficult to prove negligence. If you are involved in a slip and fall accident at a grocery store here are the steps you should take to help prove your case:

  1. Call for the manager. It’s important that the manager be notified immediately of the incident to witness the scene. For example, if you tripped on a pallet that was obstructing an aisle, then the manager should be called before the pallet is removed. Most stores require managers to fill out store incident reports. An incident report should include the time of the incident, the cause, and the customer’s contact information. If a lawsuit is filed, your attorney should be able to subpoena the report.
  2. Ask for medical help when necessary. Ask the manager to call 911 if necessary. The paramedics will file a report as well that can potentially be used in court.
  3. Witnesses and evidence. If there are any eyewitnesses to the incident be sure to ask for their contact information. Use your cell phone to take pictures of the scene exactly as it appears following the accident.
  4. Records and receipts. Keep records of your medical and therapy bills and receipts related to the injury. If you had to miss work due to the injury or doctor appointments, have your employer verify your missed wages.
  5. Consult with an attorney. It’s important to seek the advice of an experienced slip and fall attorney to review your case as soon as possible after the incident. They can help you determine if you have a valid claim and prove your case in court. Taking the steps above and working with a skilled slip and fall attorney will help ensure that you receive fair financial compensation for your injury.

MOTORCYCLE SAFETY TIPS FOR SUMMER

The Motorcycle Safety Foundation has a number of motorcycle safety tips, for new as well as older drivers.

Make sure that you are visible to motorists. Many accidents occur because motorists do not see motorcyclists. Wear brightly colored clothing and avoid driving at night wearing black. That makes you too easy to miss.

Avoid riding in the blind spots of cars and trucks. Learn where these spots are located, and avoid riding in these areas for longer than is necessary. For help filing a motorcycle accident claim, speak to a Palm Beach motor vehicle accident lawyer.

To understand where the blind spots of cars and trucks are, and to learn more about how you can ride safely, invest in a motorcycle training program. That is important not just for beginner riders, but also for those riders who are returning to motorcycling after a period of many years. The roads are not the same as they used to be, and your ability to control a motorcycle has possibly also changed since the last time you rode a motorcycle. A motorcycle training course can prepare you for these challenges.

Constantly look out for motorist actions, and give yourself time to respond to these. Give other motorists time to respond to you. Make sure that you let drivers know what your next action is going to be by using hand signals liberally. Avoid dangerous practices like weaving between lanes and driving at excessive speeds.

According to the Motorcycle Safety Foundation, motorcyclists can significantly reduce the risk of serious injuries in an accident by wearing the right kind of gear. This gear includes not just helmets, but also the right kind of footwear, jackets, and pants to prevent injury risks.

The most important piece of protective gear that you could wear while riding a motorcycle is undoubtedly a helmet. Buy a helmet that meets Federal Motor Vehicle Standard specifications, and is approved by the Department Of Transportation.

Apart from a helmet, you also must wear the kind of footwear to help reduce the risk of foot and ankle injuries in an accident. Wear study over- the -ankle boots, and oil-resistant soles that help you keep your feet on the pegs. Avoid riding a motorcycle, wearing flip-flops or sandals.

Wear a face shield, when you ride. Your face shield can also come in the form of a helmet that provides full face coverage. Statistics indicate that motorcyclists who wear face shields have a lower risk of suffering facial injuries, compared to those who are riding bare-faced.

Use gloves to help reduce the risk of finger and hand injuries. Your gloves also help protect your hands, from road rash, lacerations, blisters and abrasions during an accident. Make sure that your gloves are solid and bulky enough to protect from injuries, but are comfortable enough for you to grasp your handlebars safely.

Apart from these, invest in goggles to protect your eyes, and leather jackets and riding suits that will help you stay comfortable and stay safe.

To know your rights to compensation after an accident, speak to a Palm Beach motor vehicle accident lawyer.

What Are the Motorcycle Training Requirements in Florida?

Motorcyclists in Florida enjoy great views and all sunny weather. However, in order to ride a motorcycle here, you must be properly licensed. In Florida, novice motorcyclists are required to take and pass the Basic Rider Course. They must do this before they can get a motorcycle endorsement added to the license.

The trainer program offers courses that cover techniques on managing a bike, riding a bike safely, and avoiding accidents. These are critically important safety skills, and motorcyclists must pass the program, to safely and legally ride a motorcycle.

In order to maximize your chances of compensation recovery after a motorcycle accident, be in compliance with all of Florida’s motorcycle riding requirements. In order to ride a motorcycle, you must be at least 16 years old. If you are below 18, you must have a learner’s license for a minimum period of one year, and have no traffic conditions on your record. Besides this, you must complete a basic motorcycle safety training program, and then get a motorcycle endorsement to your license.

Remember, Florida does provide a friendly environment for motorcyclists, but you are likely to encounter hostile motorists who are not aware of motorcyclist rights.

Motorcycle Accidents

If you’re injured in a motorcycle accident because of another driver’s negligence, and you sue to recover the cost of your medical treatment and related expenses, you may be portrayed by the other side in the case as “reckless” or “dangerous” simply because you were operating a motorcycle. Of course that’s nonsense, but when it comes to the law, sometimes nonsense works. If you’re injured while riding your motorcycle because another driver was negligent, don’t wait to obtain legal help. You need an attorney fast, someone who will advocate aggressively on your behalf and in your best interests. You’ll need to call an experienced West Palm Beach personal injury lawyer.

Motorcyclists are at risk of different types of injuries when they are involved in an accident. Typically, a motorcyclist may suffer from fractures, dislocations, lacerations, road rash, and brain injuries. However, the most common types of injuries in motorcycle accidents are lower extremity injuries. According to statistics by the National Highway Traffic Safety Administration, most motorcyclists sustain lower extremity injuries followed by chest and head injuries.

Even though lower extremity injuries are some of the most common injuries, they are not necessarily the most severe. A motorcyclist who suffers head, abdominal and chest injuries is much more likely to suffer severe injuries that increase his risk of permanent disability or death. However, lower extremity injuries do result in heavy medical expenses. An estimated 81% of motorcycle accident victims who suffered lower extremity injuries required hospital care, and then were discharged home.

Wearing a helmet can reduce the risk of suffering a traumatic brain injury in a motorcycle accident. However, a helmet does not provide 100% protection against brain injuries. There are certain types of head injury that a helmet, may not be able to protect against. Soon after a traumatic brain injury, you may notice the following symptoms:

  • State of being confused or disoriented
  • Nausea
  • Vomiting
  • Drowsiness
  • Fatigue
  • Headache
  • Loss of consciousness for a few seconds or up to a few minutes

Other symptoms of a brain injury may emerge more than 24 hours, or a few days after the injury has occurred. When you notice any of these symptoms, seek medical attention. For instance, you may find that you are sleeping much more than you usually do, or find yourself becoming dizzy, or losing balance too often.

The right personal injury lawyer will work hard to protect your rights and win the maximum possible compensation by investigating the accident, compiling evidence, examining witnesses, and consulting if necessary with experts: accident reconstruction specialists, insurance experts, and healthcare professionals. Your attorney will fight to see that whoever is responsible for your injuries will meet his or her full legal responsibilities to you. A good personal injury attorney can move a motorcycle accident case away from prejudicial character attacks and toward the facts and the truth.

SWIMMING POOL ACCIDENTS AND NEAR-DROWNING

The US Centers for Disease Control and Prevention believes that more than 500 children below the age of five drown in swimming pool accidents every year. Drowning is a leading cause of fatality for children of this age group. Apart from the 500 children who drown every year, there are other children who suffer a near-drowning incident. In this kind of incident, the person may go below the water surface for more than a few seconds, but is rescued in time to avoid death.

However, just because a child survives a pool accident does not mean that he does not face any health consequences. Very often, these accidents can result in some degree of brain damage. In fact, according to statistics, as many as 20% of children who suffer a near-drowning accident in a swimming pool will suffer long-term damage. Brain damage begins to occur approximately 4 minutes after submersion, or after the child slips below the water surface. To determine your legal options after a near-drowning accident, talk to a Palm Beach premises liability attorney.

A near-drowning incident can result in a child suffering long-term disability, and brain-damage which automatically translates into lower cognitive functioning, mental impairment, and other kinds of disability. It also means medical expenses, long-term care, rehabilitation and therapy, and impaired ability to live a productive life in the future.

If your child has suffered a near-drowning incident in a swimming pool, don’t neglect filing a claim for compensation for your injuries. Speak to a Palm Beach premises liability lawyer for help filing a claim after a pool accident.

Who is Liable?

When an accident occurs in a pool, there are parties that may be liable for damages. It’s a misconception to believe that your child is only at risk of drowning in a commercial pool like a hotel pool. While many accidents do occur in commercial pools, the majority of all child drownings in the United States involve residential swimming pools.

If the accident occurs in a commercial pool, then it the owner of the pool, like the hotel owner, may be liable in a premises liability claim. Hotel owners have a responsibility to maintain their swimming pools, and ensure that they are safe for use. For instance, the hotel must provide sufficient numbers of trained lifeguards to react to an emergency. Speak to a Palm Beach swimming pool accident lawyer about filing a claim for damages.

Homeowners are also required to install pool drains in accordance with state regulations governing safety. If a homeowner fails to provide safety devices around the pool, like fencing, or fails to provide a cover for the pool when it’s not in use, then he or she may be liable for injuries caused in an accident.

Filing a premises liability after a swimming pool accident can be challenging because a pool owner may not be necessarily liable in every accident that occurs in his pool. Users of the pool are expected to exercise due caution to prevent risk to themselves. To discuss filing a premises liability claim, speak with a premises liability lawyer in Palm Beach.

Pool Safety Tips

There are some pieces of advice that apply to almost every type of situation in which you or your loved ones are around any kind of water body. This summer, keep the following don’ts in mind.

Don’t allow your children to get into any kind of water body, including your home pool without your express permission. Your children should not be entering any water body without adult supervision.

Don’t allow your children to get into a pool at a hotel resort or any other kind of commercial establishment, unless there are lifeguards stationed at the pool.

Don’t depend only on safety devices to keep your child safe in the water. The American Red Cross advises that children wear Coast Guard-approved life jackets when they’re in the water. However, it is important that parents do not rely only on these devices to keep their children safe.

Don’t be distracted when you are around the pool and supervising their children. Keep your cell phone inside the home, and avoid lounging by the pool with a book when you are in charge of small children in the water. Your child does not have to be in deep water to drown. Very often, drowning occurs in inches of water. It also occurs very silently, and without much noise. A child who is drowning does not scream or splash about. In fact, is very common to find children drowning even in crowded pools, with other children and adults around, without anyone even noticing it. In most cases, children silently slip below the surface and sink to the bottom, without anybody being aware of the fact.

Don’t leave older children in charge of younger kids in the water.

A pool barrier is erected to prevent people, usually children, from accessing a pool. A barrier however, must be erected safely, and must be effective in preventing access to your pool. If the barrier is too low, or if it has handholds that can help the child climb over the barrier, then it has failed its purpose. For maximum effectiveness, ensure that the barrier is a solid barrier that has no indentations or protrusions that can allow a child to climb up. The top of the barrier should be at least 48 inches above the ground. Do not install any handholds that will allow the child climb up the barrier. The barrier must not have more than 4 inches of clearance at the bottom. Adhering to these guidelines can help ensure that your pool is child-safe, and can help reduce the risk of an accident involving your pool.

If you or a loved one has suffered a swimming pool accident, speak to a premises liability lawyer in Palm Beach. Discuss your case with a premises liability lawyer in Palm Beach, and evaluate your chances for compensation.

Diving Safety Tips

Near- drownings are not the only type of accidents associated with pools in Florida. Diving accidents that occur when a person dives into a too-shallow pool, or hits his head on an obstruction in the water, contribute to thousands of injuries every year. These accidents are rarer compared to swimming accidents, but these injuries are much more severe because they can result in catastrophic injuries.

This summer, make sure that you avoid injuries in your local Palm Beach backyard pool. These pools tend to be smaller, and they are often not very deep, so they may not be the ideal pools for you to dive in. A pool must have a depth of at least 10 feet. It’s not just the risk of hitting the pool edge or bottom that you need to worry about, but also hitting the diving board.

Avoid diving into an above-ground pool-these are not built for diving. These are too shallow, and there is a very serious risk of diving injuries. When you’re diving into an in-ground pool, do not dive from the side. When you’re diving into the water from a diving board, dive from right at the end of the board, and not from the sides.

Injuries from a diving accident can be serious. Because the person usually hits the floor headfirst, there is a severe risk of suffering from brain damage and spinal cord injuries. A person who suffers brain damage may suffer from long-term consequences that include lower cognitive ability, poor mental functioning, lowered memory, and other forms of mental ability. A person with a spinal cord injury may suffer from varying degrees of paralysis, including paraplegia, or the lack of movement or sensation in the lower limbs, and quadriplegia, or lack of movement in all four limbs.

If you or a loved one have been injured in a swimming pool accident, contact a Palm Beach premises liability attorney as soon as possible.

CHILD CAR ACCIDENT AND CAR SEAT STATISTICS

Child car seat use across Florida is at record highs. The number of parents who are carefully restraining their children in age -appropriate seats while traveling in a car is on the increase, and this has contributed to a significant decline in the number of people children killed or injured in car accidents. Can our car accident lawyers help?

According to the Centers for Disease Control and Prevention, use of car seats significantly reduces the risk of death to infants below the age of one by as much as 21%, and toddlers between the one and four by as much as 54%. The use of booster seats significantly reduces the risk of serious injury in an accident by 45% for children between the age of four and eight. Seatbelts can significantly help reduce the risk of car accident fatality and injury involving older children by as much as half.

According to the Centers for Disease Control and Prevention, in 2011, more than 650 children below the age of 12 were killed in car accidents across the country. More than 142,000 children were injured in these accidents. In that year, more than 618,000 children between the age of one and fourteen rode in cars without being safely restrained either by a child car seat or booster seat or seatbelt. Approximately 33% of children who died in accidents in 2011 were not wearing any kind of restraint at the time of the accident.

Are Some Parents Confused About How to Restrain Kids?

Despite the statistics that show more parents are using car seats, there is reason to believe that some parents still do not understand how to properly protect kids from harm in the car. According to the Insurance Institute for Highway Safety, many parents continue to remain confused about the right age at which a child can be moved from a booster seats to a seatbelt. In one survey that involved approximately 5000 parents, 9 out of 10 parents admitted that they had actually moved a child into an adult seatbelt, much before he or she was old enough to use a seatbelt.

Whereas a car seat comes with its own safety restraints, a booster seat uses the car’s seat belts to restrain the child. Booster seats are designed for children who are too big to use a car seat, but not big enough to use an adult seat belt. It’s important that parents learn the difference between these different types of seats that are designed to protect children of different ages.

The survey was conducted by Safe Kids Worldwide, and also found that 7 out of 10 parents between the age of 4 and 10 were not aware that the child should reach the height of 4’9″ to safely ride using a seatbelt in a car. In fact, parents seem to make that decision to transfer their child from a booster seat to a seatbelt, based on certain factors.

Approximately 56% of the parents admitted that they use other factors besides the child’s weight and height when they decided to move their child from a booster seat to a seatbelt. Typically, these parents decided to transfer their children to a seatbelt, because the child wanted to move to a seatbelt, or was more comfortable in a seatbelt, or because the state laws did not specifically prohibit children of that age from being restrained in a seatbelt.

Seatbelts and booster seats do a great job in helping protect your child from injuries. However, when a child who is too small is restrained in a seatbelt, he may not have adequate protection against injuries in an accident. It’s important to restrain your child appropriately according to his age and height.

If you were injured in a car accident, speak to one of our Palm Beach car accident lawyers about filing a claim for compensation. Schedule a consultation with a Palm Beach car accident lawyer today.

Florida’s Car Seat Law

For parents in Florida, it’s important to be aware of the changes that were made to the car seat law. As of January 1st, 2015, the law regarding car seat age requirements has changed. Florida law now requires that children riding in a car must be in a car seat until they are at least five years old. For children up to and including three-years-old, the restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat. For children ages four and five, a separate carrier, an integrated child seat, or a child booster seat may be used. Before the change, Florida required car seats only until a child reached age three.

Studies indicate that more than half of the car seats now in use for children are either improperly installed, or they’re too small or too large. If your child is injured in a traffic accident in south Florida, speak at once with an experienced West Palm Beach personal injury attorney. If a negligent driver or a defective safety seat is to blame for your child’s injury, you may be able to file a personal injury claim or a product liability claim to cover your medical costs and other expenses.

Keep your child in a rear-facing seat as long as you can, typically until the child is about two years old. Rear-facing seats offer maximum protection for the head, neck, and spine. Make sure that rear-facing children ride in the back, away from the airbags in the front seat. Use a forward-facing seat when your child outgrows a rear-facing seat, but keep it in your vehicle’s back seat. Children can use most forward-facing seats until they’re 65 to 80 pounds.

If your child has sustained injuries in a south Florida traffic accident – or is injured in the future – consult a good personal injury lawyer immediately. A skilled personal injury attorney can investigate the crash to determine if you have grounds to file a personal injury claim or a product liability lawsuit. Nothing is more important than your child’s health and future. If your child is injured in an accident in or near Palm Beach County, speak to an experienced West Palm Beach car accident attorney as soon as possible.