Kendall Slip & Fall Lawyer

Older people are the most common serious injury fall victims. These individuals need and deserve special protection from the Kendall slip & fall lawyer at Spencer Morgan Law.

First-time falls often cause physical and emotional injuries. Since many older people are physically frail or have pre-existing medical conditions, a seemingly minor fall could cause a serious or disabling injury. Emotionally, many older people are so afraid of falling again that they often refuse to leave home. Their muscles atrophy, making them more vulnerable to a future fall, The isolation also leads to intense depression.

Subsequent falls, especially falls that occur in nursing homes, cause intensified physical and emotional injuries. In fact, most of these victims cannot ever live independently again. Nursing homes are financially responsible for damages in these cases, at least in most instances.

Building a Case

A Kendall slip-and-fall lawyer can obtain compensation for a nursing home or other fall if the victim proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Legally, most fall injury victims are invitees in Florida. An invitee has a personal (come to dinner on Thursday) or general (an Open sign in a business’ window) “invitation.” Furthermore, the property owner benefits, either financially or nonfinancially.

Since the relationship is so close, the owner has a duty of reasonable care to ensure that the premises are reasonably safe. The owner must promptly address fall injury hazards, such as wet spots on floors, and remove them. Other property guests receive less legal protection, at least in most cases. Certain exceptions, like the attractive nuisance rule, protect some child trespassers in some situations.

Sometimes, the categories shift. For example, Randy the resident is an invitee at a nursing home unless he commits a major rule violation, at which time he becomes a trespasser. Frequently, an out-of-state conglomerate legally owns the nursing home, a fact that makes a complex case even more intricate.

Much like a victim must prove direct or general permission, a victim must prove actual or constructive (should have known) knowledge. Owners cannot be expected to address hazards they are unaware of.

Nursing home owners usually bury smoking guns, like restroom cleaning reports, until they must produce them during discovery. So, if a slip-and-fall case settles too early, the best evidence, and therefore maximum compensation, may be unavailable.

Refuting Defenses

Comparative fault and its legal cousin, assumption of the risk, may be the most common defenses in slip-and-fall claims.

When insurance company lawyers use the contributory negligence defense, they basically argue that the victim didn’t watch where s/he was going. This defense is often ineffective if the victim had poor eyesight or muscle coordination.

Assumption of the risk could apply if the victim voluntarily assumed a known risk. A warning sign, like Caution Wet Floor, makes this defense easier to prove. Still, the insurance company must prove the victim saw the sign, could read the sign, and could understand what the sign meant.

Count on a Dedicated Miami-Dade County Lawyer

Injury victims are entitled to substantial compensation. For a free consultation with an experienced Kendall slip & fall lawyer, contact Spencer G. Morgan, Attorney at Law. Virtual, home, and hospital visits are available.