Orlando is in the height of the vacation season as Floridians and tourists from out-of-state flock to local destinations for recreational and entertainment activities. When people visit hotels, resorts, and amusement parks in our area, they probably assume that management and employees will take reasonable steps to prevent slip and fall accidents. Although this might seem like a reasonable expectation, many people enjoying hotels and theme parks suffer catastrophic injuries like traumatic brain injuries, spinal cord injuries, and wrongful death when they fall because they trip on debris or slip on a foreign substance.
Because litigation against hospitality businesses involving falls on the premises can be complicated, victims should talk to an experienced attorney to protect their legal rights and potential recovery. In this two-part blog post, Orlando Slip and Fall Lawyer Mark Cressman dispels some common myths about Florida slip and fall cases based on injuries incurred at lodging and entertainment facilities.
Myth 1: Slip, trip, and fall cases are relatively straightforward, so victims can pursue a claim without an attorney.
Slip and fall cases in Florida can involve complex factual and evidentiary challenges. Florida law is less accommodating to victims than in many other states. Slight deviations in the facts can have a dramatic impact on the outcome of a case involving a fall. There are many ways that an experienced personal injury attorney can improve the chances of a positive outcome to your legal claim, such as the following:
• Working with slip and fall experts
• Conducting an investigation and gathering evidence
• Negotiating with insurance companies
• Navigating legal obstacles and insurance company traps
• Carefully researching applicable case law, statutes, and regulations
• Providing tenacious advocacy in and out of court
Successful litigation of a legal claim for slip and falls accidents is extremely difficult without legal representation.
Myth 2: Businesses are definitely liable for slip and falls caused by hazardous conditions on their property.
There are many facts that will impact the feasibility a legal claim based on a fall caused by slipping or tripping on debris or a substance on flooring or walkways. Some of the questions that might need to be investigated include:
• Duration of time the foreign substance or debris was present
• Placement of clear barriers and/or warnings
• Presence and maintenance of lighting
• Compliance with construction standards, building codes, and safety regulations
• Degree to which the hazard was open and obvious
• Condition of flooring, railings, and steps
• Type of business (i.e., premises generally held open to the public like motels, inns, resorts, and theme parks)
• Reason the injury victim is on the premises
• Maintenance of the premises (inspection and cleaning procedures)
Given the relevance of subtle factual distinctions regarding issues like these, slip and fall lawsuits can be dramatically affected by the skill and experience of your legal representative. Our law firm offers a free consultation, so we can evaluate your legal claim.
Myth #3: When customers track in moisture from a rain storm, the hospitality business will be liable for damages.
This conclusion is not automatic because owners of lodging facilities are not necessarily liable for damages resulting from falls when they have no knowledge of a hazard that was not caused by the owners, employees or agents of a business. Factors that might impact the liability of the business include the nature of the hazard, knowledge by employees of the danger, attempts to eradicate the unsafe condition, and a range of other factors.
If you have been injured in a slip and fall at an Orlando resort or amusement park, the Cressman Law Firm aggressively represents clients against large national insurance companies. Mr. Cressman has successfully represented hundreds upon hundreds of clients during the last two decades. If you have been injured during a fall on the premises of a hospitality or entertainment industry business, Mark invites you to call to schedule a free consultation to learn about your legal rights and obtain a case evaluation. Call us today at (407) 877-7317.