According to the complaint, the woman  fell after slipping on a substance on the floor. She alleges as a cause of action that Publix did not exercise reasonable care in how it maintained its premises. As a result, she suffered severe bodily injury, pain, disability, and mental anguish. The woman is suing for more than $15,000 in damages, plus interest, attorneys’ fees, and court costs.

Owner Liability for Slip and Falls

To succeed in her lawsuit, the plaintiff will need to convince a jury or court that Publix was negligent in how it maintained its properties. The key to negligence is to show that the defendant owed the injured victim a duty of reasonable care and that its actions or inactions fell below that standard.

Seeing as the woman was a customer, the Publix store certainly owes her a duty of care. However, the case will probably turn on whether the store was sufficiently careful in responding to the foreign substance that she slipped on.

Florida statute 768.0755 states that a business owner is liable for personal injuries caused by a foreign substance only if they had actual or constructive knowledge of the substance on the floor. The statute further defines constructive knowledge as meaning:

• The dangerous condition existed for so long that a business being ordinarily careful would have discovered it. For example, something on the floor for five or six hours should be discovered by store staff.

• The condition existed regularly and, as a result, the business should have foreseen it. For example, if condensation daily collected on the floor, the business should have been aware of it and taken action.

Without additional information, it is difficult to anticipate whether the woman will be successful in her suit against Publix.

Documenting the Hazard

The key in slip and fall cases is to adequately document the hazard that made you trip or slip. For example, if water was on the floor, it will surely evaporate before your lawyer can get to the scene of the accident to take a picture. For that reason, injured victims should try as best they can to document the hazard:

• Take a picture with your smartphone or ask a bystander to
• Get the names of any witnesses who saw the hazard
• Write down your own memories as soon as possible

Your health is obviously most important, but documenting a hazard as quickly as possible gives you the best chance of receiving compensation in a lawsuit.

Speak with an Experienced Slip and Fall Lawyer in Volusia County

At Bundza & Rodriguez in Daytona Beach, we have represented many clients injured after a slip and fall. Whether they fell in a business or on a private residence, they need compensation to cover medical expenses, lost wages, and pain and suffering. For more information about your legal options, please contact us today by calling 386-252-5170.

Resource:

flarecord.com/stories/511453504-customer-alleges-publix-s-negligence-caused-injuries

The Allegations

According to the complaint filed by Carmen Hernandez, the plaintiff visited SeaWorld as a customer on May 17, 2014. During her visit, she slipped and tripped on poorly maintained flooring, which resulted in her injuries. Hernandez alleges that she endured pain and suffering and incurred medical expenses to treat her injuries. She also claims that a pre-existing injury was aggravated in the fall.

Turning to SeaWorld’s liability, Hernandez alleges that SeaWorld did not warn visitors like her of the dangerous condition. She further alleges that SeaWorld failed to train employees so that they could properly inspect and maintain the floors.

In her complaint, Hernandez sought a jury trial and more than $15,000 in damages. A court date has not been scheduled.

A Business’ Duty to its Customers

SeaWorld, like all businesses, owes its customers a duty to keep the premises reasonably safe by fixing known hazards or warning customers of them. When a business fails to discharge this duty—and when a customer is injured as a result—the business can be sued in court.

Of course, whether Ms. Hernandez is successful will depend on the evidence she can present on her behalf. To prevail in her negligence case, she will need to introduce evidence of the following:

• She was a business visitor to whom SeaWorld owed a duty of care.
• SeaWorld’s conduct was insufficiently careful.
• She suffered injuries.
• SeaWorld’s actions caused the injuries.

In this case, the first, third, and fourth elements should be fairly easy for Ms. Hernandez to prove. For example, she can show an admissions ticket to establish she was a customer, and she can use medical records to show her injuries. With respect to the fourth element—causation—she might need a medical expert to connect the fall to her injuries, especially since she acknowledges she had a pre-existing injury.

The case will probably hinge on whether SeaWorld was aware of problems with the floors and whether they adequately addressed those problems and/or warned visitors of them. This is a facts-and-circumstances analysis which will look at the condition of the flooring and what SeaWorld did to make it safer.

Contact a Daytona Beach Slip and Fall Lawyer

Slip and fall injuries can cause tens of thousands of dollars—or more—in medical bills and lost wages. Injured victims also frequently struggle with debilitating pain which also warrants compensation. For help analyzing whether you have a claim against a business, you should schedule a free consultation with a Daytona Beach slip and fall attorney. Contact Bundza & Rodriguez today.

Resource:

flarecord.com/stories/511402910-customer-alleges-sea-world-s-poor-flooring-caused-her-injuries

Common Hazards

Even careful people fall. Many slips and falls are caused by the following hazards, which store owners should have fixed:

• Worn tread on stairs or carpeting
• Poor lighting
• Liquid on the floor
• Objects on a floor
• Uneven floorboards
• Loose tiles
• Poorly designed staircases
• Rickety railings

These are only some of the hazards that await unsuspecting customers and visitors whenever they enter a private residence or place of business, and each can send people tumbling.

Premises Liability

If you fall in a business or on private property, you might be able to sue for financial compensation. All premises owners have a duty to keep their property in reasonably safe condition for the benefit of visitors. In particular, owners must fix any hazards they know about or should have known about and warn visitors about any that cannot be fixed. If you slipped on a transitory foreign substance in a business, you must show the business owner had actual or constructive knowledge the substance was on the floor and had time to remove it.

To prove your case, you will need to present evidence that a hazard existed. You should collect evidence quickly, before the premises owner can either fix the hazard or put up a warning that wasn’t there when you slipped or tripped. For example, a disreputable store owner might quickly replace worn tread on stairs and then deny that anything was wrong when you bring a lawsuit.

Collect Evidence

As soon as possible, you should collect evidence that will help you establish that the landlord knew or should have known about the hazard that injured you. Collect the following:

• Take pictures of the hazards. If you slipped on a puddle, ask someone to take a picture with their smartphone or give your phone to someone to take a picture. These spills are easy to clean up, and you want visual evidence that the puddle existed.

• Get the names of bystanders. Ask anyone who saw you fall for their name and either phone number or email.

• Write down your own memories as soon as possible. In particular, write down whether you saw any warnings or whether the store owner admitted fault after you became injured.

• Take pictures of your injuries soon after receiving treatment. By the time you go to trial, your bruises will have faded and wounds will have healed. Get vivid, color pictures while your injuries are fresh.

It’s okay if you are too hurt to immediately collect this evidence. Our personal injury lawyers are skilled at investigating accident scenes and obtaining the evidence necessary to help you bring a successful claim.

Have You Been Injured After a Fall?

At Bundza & Rodriguez in Daytona, we fight to obtain badly-needed compensation for our slip-and-fall clients. We have won several favorable settlements or verdicts, and we are here to help you. Contact us today for your free consultation.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0755.html