Slip and Fall

Publix Accidents in Florida

April 24, 2019 | Wolfson & Leon

publix-slip-and-fall-300x169 Living in the state of Florida, chances are you have heard of Publix. The chain of grocery stores, which is headquartered in Lakeland, Florida, is expanding an incredible rate of growth, adding stores across the country.

In 2018, Publix boasted an incredible $36.1 billion in revenue in its annual reports. This is a whopping 4.4% increase from the previous year.

Amazingly, this sales rate puts the Florida-based chain on par with national giants such as Nike. For a comparison, in its annual report for 2018, Nike reported revenues just over that of Publix’s revenues at $36.4 billion.

When Can You Use Building Code Violations for Florida Slip and Fall Accidents?

March 1, 2019 | Wolfson & Leon

Miami-Rooftop Unfortunately, slip and falls accidents are very common in Florida, and they can result in serious injuries and expenses. Slip and fall accidents can lead to a host of injuries, from simple sprains and bruises to broken bones and back injuries. These injuries can lead to permanent disability and costly medical bills.

If you have a slip and fall accident in Florida, you may be forced to file your claim with the property owner, instead of the business owner. This happens most often when stores lease space from a property owner. The property owner is then generally responsible for the upkeep of the common areas, such as the parking lot.

When you file your claim with a property owner, you will need to prove that the accident you had stemmed from the property owner’s negligence. This can often be difficult to prove. Many times negligent property owners are able to get away completely free due to a lack of proper evidence. This is because it can often be hard to determine exactly what caused the fall.

Safely Aboard the Brightline Train

January 12, 2018 | Wolfson & Leon

South Florida residents are about to get a solution to the infamous Florida congested traffic, as Brightline officials have announced that they are going to offer the region an alternative to the jammed roads. It is an intercity express train service that aims to connect South Florida cities within a one-hour commute. In the beginning, they will serve only the route between Fort Lauderdale and West Palm Beach. Miami will be added soon. Eventually Brightline has plans to expand further into the Sunshine State. A Miami – Orlando route is scheduled for 2020.

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All Aboard Florida, a subsidiary of Florida East Coast Industries, developed Brightline. This is the first ever privately-owned train service initiative in the United States in the 21^st century, and only the first in the country in 25 years. The last one closed in 1983, when Rio Grande Zephyr ceased operating between Colorado and Utah.

Now, the old-fashioned way of transport is making a comeback in Florida, giving passengers all the advantages of the old vibe travel along with several modern amenities, such as free Wi-Fi internet, fully automated bathrooms, among others.

Airbnb Accidents in Florida

August 22, 2017 | Wolfson & Leon

stairs2-300x219 What would you do if you were injured at an Airbnb location in Florida? If the accident wasn’t your fault, do you know how to hold the responsible person or company accountable for your damages, medical expenses and loss of income? Our Florida Airbnb accident attorneys have investigated and studied the issues involved when people are injured due to the negligence of the Airbnb owner or operator. Unfortunately, the answers are not simple. However, there is a path to recover for your Airbnb injury.

The first thing that you need to understand is that you cannot sue Airbnb. The Terms of Service in your Airbnb agreement provide that in the event of a dispute, you agree to negotiate or arbitrate with Airbnb. Additionally, in that same agreement you agreed to waive your rights to request a jury trial for all issues that are capable of being submitted to arbitration. You might wonder if Airbnb can do this legally. The answer is yes. You’re not required to use Airbnb but when you do you must agree to Terms of Service.

In fact, it is common for companies and corporations to include such provisions in the terms of service or agreements. The most used provisions include waiver of jury trials and arbitration requirements. If you disagree then you simply don’t have to use the service or product that is being provided to you by the corporation. Another favorite is venue selection. Most obvious example is accidents that occur on cruise ships. Most cruise ship tickets provide that in the event of a lawsuit is filed then it must be filed in federal court in Miami. Again, if you don’t agree than simply don’t buy the ticket.

Target’s Wet Look Floors Are an Accident Waiting to Happen

August 16, 2016 | Wolfson & Leon

What is the one thing you notice when you go shopping at any Target store? The shiny floors and it isn’t a coincidence. At the highest corporate levels of Target, a decision was made to sacrifice consumer safety in favor of bright clean look that would entice customers to shop at Target.

Target home offices are located in Minneapolis, Minnesota. There are more than 1700 Target stores in the United States. In a recent case in South Florida, Target’s procedures and policies were placed under a microscope and the results are disturbing.

The documents and testimony in the commercial premises liability case against Target conclusively demonstrated that Target instituted a company-wide policy of maintaining “WET LOOK” floors. In furtherance of this policy, Target specifically choose certain types of tiles and mandated specific waxing/cleaning procedures. In addition, Target incorporated lighting choices to enhance the bright shiny look of the stores.

The Chinese Menu Defenses In Premises Liability Trials

June 12, 2016 | Wolfson & Leon

stairs-a18941 Most of us have ordered the specials at our favorite Chinese restaurant. You get to pick and choose from a variety of choices. Usually you pick a soup from column A. Then another choice for appetizer from Column B. Then yet another choice for the main course from Column C. You get to pick and choose. In a premises liability trial, the defense will usually present a Chinese menu of defenses and offer the jury a variety of ways to deny the injured person a full, fair and complete recovery. The Miami Premises Liability Lawyers at Wolfson & Leon deal with these defenses everyday.

A premises liability trial is usually filed against a property owner for injuries and damages. The types of premises liability cases can include slip and fall, trip and fall or negligent security. The defenses are stated in the defendant’s answer to the complaint. These defenses often include:

The plaintiff was intoxicated and therefore he/she cannot recover

How to Represent Yourself in a Slip and Fall Injury Claim

May 20, 2016 | Wolfson & Leon

Filing a Slip and Fall Claim in Miami without an Attorney

First things first. You are not required to have a Miami slip and fall attorney to file a claim for injuries from a slip and fall case. You can represent yourself. You cannot represent someone else unless you are licensed attorney in that jurisdiction. If you do try to represent someone else, you could be criminally liable for practicing law without a license.

Next, you need to decide if you want to represent yourself. If you do, you need to understand what you are up against. If you were injured in a slip and fall accident, there are certain things you should know about slip and fall accidents including what to do after a slip and fall accident in Miami. If you were injured on a business owner’s property such as a mall, retail store, restaurant, boutique or supermarket then you need to think it through. Business owners are not likely to just give you money because you might have been hurt on their premises.

Slip and Fall Lawyer in Miami Discusses Facts to Consider As You Seek Legal Advice

October 6, 2015 | Wolfson & Leon

According to the Centers for Disease Control, every year, slip and fall injuries cost Americans close to $34 billion for medical and hospital expenses. Older adults are more prone to the most serious injuries resulting from slip and falls, though individuals at any age can suffer broken bones, head trauma, or other injuries as a result of a slip and fall. When falls occur, there is a 20% chance that the fall will result in a serious injury. The CDC reports that falls can cause brain injury, wrist fractures, ankle fractures, and hip fractures. These injuries can lead to lifestyle changes, result in missed time at work, and may make it difficult for some individuals to live independently.

Traumatic brain injuries resulting from slip and falls can be particularly pernicious. In some cases, it can take a while before patients experience the full range of symptoms of a head injury. Insomnia, memory loss, vision problems, changes in mood, and dizziness can all be symptoms of mild traumatic brain injury. Slip and fall victims may not be immediately aware that these changes can be linked back to their accident. This is why it is important for slip and fall victims to follow up with physicians following release from the hospital and to make sure that they are tested properly for all symptoms.

Some slip and fall victims may experience post-traumatic stress disorder as a result of their accident. They may avoid situations similar to the circumstances leading to their fall. This can lead to major disruptions in life activities. Older adults are most prone to suffer following a slip and fall because their injuries—psychological and physical—are more likely to result in a more sedentary lifestyle. A slip and fall accident can affect an elderly adult’s health years after it takes place and can even shave off years from a person’s life.

Winning and Losing your Miami Florida Slip and Fall Case

July 21, 2014 | Wolfson & Leon

Young woman falling on wet floor

Ever wonder how to win your Miami slip and fall injury case?

The law in years past has vacillated in slip and fall cases in business establishments involving water or other similar transitory substances. For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.”

Winning and Losing your Miami Florida Slip and Fall Case

June 2, 2014 | Wolfson & Leon

The law in years past has vacillated in slip and fall cases in business establishments involving water or other similary transitory substances. For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.” Kenz v. Unicco, 116 So. 3d 461 (Fla. 3^rd DCA 2013). In Kenz and for the foreseeable future, a Plaintiff must show evidence that the Defendant had actual or constructive notice of the condition that caused him or her to slip and fall and be injured.

Suffering a slip and fall can be both dangerous and embarrassing. If you suffered a slip and fall because of the negligent behavior of another party, you may be able to recover damages.

To recover damages, an attorney would have to prove not only that the injured party slipped and fell, but also that the owner of the property was liable. Then, we would need to prove that it was foreseeable that the property owner’s negligence would create the danger that caused your injury.