Florida Slip and Fall Cases - Disney World - Expert Advice
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.
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.
Source...