On Behalf of Rosenthal, Levy, Simon & Sosa | September 27, 2024 | Personal Injury
Visiting your local grocery store should not place your safety at risk, but unfortunately, there are times when it just might. If a spill occurs and is not cleaned up in a timely manner, as you are picking up your broccoli for dinner, you may fall and sustain serious injuries.
Although the state of Florida does not have a specific law requiring that businesses use cautionary signage, grocery store owners are required to ensure that their store is free of hazards to customers. If an employee or store owner fails to use a “wet floor” sign or any type of cautionary signage indicating that the floor is wet, the owner may be held responsible for any injuries you sustain.
In this article, our West Palm Beach slip and fall lawyers review the legal obligations of Florida business owners and how you can recover damages if you are injured in a slip and fall.
Types of Slip and Fall Injuries
Common types of slip and fall injuries may include:
Traumatic Brain Injuries
A traumatic brain injury, or TBI, involves any bump, blow, or jolt to the head that disrupts normal brain activity. Persons who fall may strike their head on an object, causing tearing or bruising of brain tissue and possibly bleeding to blood vessels. Symptoms of a TBI include vomiting, dizziness, confusion, loss of consciousness, and memory loss.
Fractures
Falls are attributed to 87% of fractures experienced by people over the age of 65. The force of a fall can exert such a high level of force on a bone, causing the bone to break. Not all fractures require surgery, with some being placed in a cast or splint to heal. Symptoms of a fracture include pain, swelling, tenderness, bruising, and signs of deformity of the joint or limb itself.
Post-Traumatic Stress Disorder (PTSD)
Once a person experiences a fall, he or she may become afraid of resuming normal activities, even after fully healing. Known as post-traumatic stress disorder, or PTSD, individuals may experience feeling on edge, difficulty falling asleep or staying asleep (insomnia), feeling irritated, difficulty concentrating, and nightmares recreating the event.
Although PTSD is a mental condition, individuals should seek counseling and any necessary medical intervention to manage the disorder.
Duty of Business Owners to Customers
Under Florida premises liability law, business owners are required to maintain their property in a reasonably safe condition for customers. If there is an issue, a store owner is required to remediate the issue or warn patrons of the potential hazard if the problem is not fixed. Business owners who fail to keep a property free of any dangers may be held financially accountable for any injuries that a customer or visitor sustains.
Recovering Compensation in a West Palm Beach Slip and Fall
Fla. Stat. §768.0755 stipulates that if an individual slips and falls on “a transitory foreign substance in a business establishment,” the injured party must prove that the business establishment knew or should have known about the hazardous condition and cleaned it up.
To recover damages, you must present circumstantial evidence showing that the employees or store owner should have known about the spill. Any evidence demonstrating that the spill was present for a lengthy period or that the condition was foreseeable may support your claim.
When you hire our West Palm Beach slip and fall lawyers, you can rest assured we will gather any pertinent evidence demonstrating the negligent party’s liability. We will handle negotiating with the insurance company, taking that stress off your plate.
Speak with a West Palm Beach Slip and Fall Lawyer Immediately
If you or a loved one have been injured in a slip and fall in a grocery store, you deserve compensation for your hardship. At Rosenthal, Levy, Simon & Sosa, our premises liability attorneys have experience providing aggressive representation in slip and fall cases. To schedule your free case evaluation with a West Palm Beach slip and fall lawyer, contact us online or by phone today.