The following is an expert answer given by South Florida Personal Injury Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Subject: Slipped on ice breaking kneecap
Question:
On January 11, 2010, I was walking in the parking lot of an office complex. I slipped on ice (sprinklers had been left on) and fractured my kneecap in three places. I had surgery but as of this date (March 10th) I am still wheelchair bound. My orthopedic surgeon expects me to "almost fully recover" but will most certainly get arthritis in that knee. At this point other surgeries may follow. Do I have a case? This IS in Florida
Answer:
Usually when I see a question like yours, i.e. slipped and fell due to ice in a parking lot, I can presume the claim resulted from somewhere up north. But after the winter we have had here in Florida, accident injuries like this probably occurred pretty frequently.
In my opinion, you do have a case. The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and falls. He can advise you how best to proceed in maximizing your claim.
Generally, a landowner 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. Frost and ice are a big deal in Florida, and usually when there is a threat of either, the warnings are all over the news. The owner/manager of the office complex either knew, or should have known that when the weather gets as cold as it has been lately, and then he/she runs the sprinklers, there is a good possibility there will be ice on the ground. If the complex is one that invites people onto its premises for business purposes, then the owner/manager should have taken reasonable measures to get rid if the ice, or make a safe passageway for people to ingress and egress the property.
You should speak to an slip and fall lawyer fairly soon to pursue the claim. Slip and fall accidents are somewhat of a specialty to handle them successfully. There are many steps your attorney should take now, i.e. notify the insurance companies for the maintenance association, find out what types of coverage are available, and if there are any other entities that may be responsible, i.e. maybe the complex has a management company or maintenance company that was called to clear the parking lot and the other company never responded. Your attorney should also obtain photographs of the area where the accident occurred.
Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their 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. You usually do not have to pay anything up front, and if there is no recovery, you do not owe anything. So, you have nothing to lose by at least speaking with an accident lawyer. Just by my own experience with personal injury in South Florida, if I don't think a person has a viable case, I will tell them right up front. There is no point in creating false expectations and wasting your time and the attorney's time.
I think you have a good claim and I would be happy to speak with you further about how to move it forward. Please call me toll free at (866) 556-5529 or visit my South Florida personal injury website at www.mauslawfirm.com.
For more information about a South Florida personal injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.
Subject: Slipped on ice breaking kneecap
Question:
On January 11, 2010, I was walking in the parking lot of an office complex. I slipped on ice (sprinklers had been left on) and fractured my kneecap in three places. I had surgery but as of this date (March 10th) I am still wheelchair bound. My orthopedic surgeon expects me to "almost fully recover" but will most certainly get arthritis in that knee. At this point other surgeries may follow. Do I have a case? This IS in Florida
Answer:
Usually when I see a question like yours, i.e. slipped and fell due to ice in a parking lot, I can presume the claim resulted from somewhere up north. But after the winter we have had here in Florida, accident injuries like this probably occurred pretty frequently.
In my opinion, you do have a case. The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and falls. He can advise you how best to proceed in maximizing your claim.
Generally, a landowner 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. Frost and ice are a big deal in Florida, and usually when there is a threat of either, the warnings are all over the news. The owner/manager of the office complex either knew, or should have known that when the weather gets as cold as it has been lately, and then he/she runs the sprinklers, there is a good possibility there will be ice on the ground. If the complex is one that invites people onto its premises for business purposes, then the owner/manager should have taken reasonable measures to get rid if the ice, or make a safe passageway for people to ingress and egress the property.
You should speak to an slip and fall lawyer fairly soon to pursue the claim. Slip and fall accidents are somewhat of a specialty to handle them successfully. There are many steps your attorney should take now, i.e. notify the insurance companies for the maintenance association, find out what types of coverage are available, and if there are any other entities that may be responsible, i.e. maybe the complex has a management company or maintenance company that was called to clear the parking lot and the other company never responded. Your attorney should also obtain photographs of the area where the accident occurred.
Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their 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. You usually do not have to pay anything up front, and if there is no recovery, you do not owe anything. So, you have nothing to lose by at least speaking with an accident lawyer. Just by my own experience with personal injury in South Florida, if I don't think a person has a viable case, I will tell them right up front. There is no point in creating false expectations and wasting your time and the attorney's time.
I think you have a good claim and I would be happy to speak with you further about how to move it forward. Please call me toll free at (866) 556-5529 or visit my South Florida personal injury website at www.mauslawfirm.com.
For more information about a South Florida personal injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.
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