Southwest Florida Premises Liability Attorney Blog

Injured In A Retail Store? What You Need To Know

2012-05-14T16:02:01Z

First off, if you have incurred an injury as a result of a slip or trip and fall in a store, seek medical attention immediately. Then contact an attorney as soon as possible. Many times people delay contact with a lawyer weeks and sometimes months after the incident which makes it more difficult to prove your case. What you should do after you have been injured:

Report the incident to a store manager
Make note of the manager's name and title as well as date and time of fall
Do not sign anything that the manager provides to you that you do not have a clear understanding of and request a copy of all paperwork
Obtain names and contact information of witnesses
Try to determine what caused your fall. Wet floor? Raised floor mat?
Take photographs of the site with your cellphone if possible
Call 911 yourself rather than depending on store staff to do so

Most importantly, move quickly to contact an attorney in order to increase your chances of receiving compensation for your injuries, medical expenses and monies lost due to time away from work.

Tell Your Attorney About Prior Claims and Injuries

2012-05-11T20:02:47Z

It is important to disclose this information to your attorney regarless of the cause of the accident or extent of your injuries. Ther reason is that the defense attorney and the claims adjuster will access and reference what is referred to as a claims index. If you have past claims, they will be found in this index.

Before you meet with an attorney have a summary of any past claims and injuries prepared. What was the date? type of accident? types of injuires incurred? It is always best to provide this information in the beginning versus it being uncovered during your deposition (interview) with the defense attorney. They could use that information against you to try to weaken your case.

If you or someone you know has been injured in a slip and fall or other accident, contact Bernardo Injury Law today.

Slip and Fall Accident on Someone Else's Propert, Who Is At Fault?

2012-05-09T17:14:30Z

Have you or someone you know been injured on another's property as a result of a slip and fall? Whether you slipped on a wet floor, tripped over loose carpet or tile, twisted your ankle when stepping into an uneven part of lawn who want to find out wjho is responsible. The first thing to think about is were the conditions hazardous and should have been repaired or for instance, was water just spilled on floor with not enough time for cleanup and/or warning.

It is everyone's responsibility to watch where they are going as it is the property owner's responsibility to maintain their property. Here are a few guidelines that can be used to determine if someone else was responsible for the accident and if it could have been avoided:

The owners or employees of the property were aware of dangerous conditions yet nothing was done about it.
The owner or employee actually caused the condition, ie. spilled water on floor.
The condition was obvious enough that the average person would have recognized there to be a hazard yet the owner/employer did not.

There are many factors in determing fault of course. If you or someone you know has incurred an injury due to a slip and fall on someone else's property contact our firm today.

Do You Have a Slip and Fall Case?

2012-05-03T18:14:03Z

Do You Have a Case? Key Questions to Ask

If you have slipped on or tripped over something and fallen, there are some initial questions you can ask to determine whether the property owner may be liable.

If you tripped over a torn, broken, or bulging area of carpet, floor or ground, or slipped on a wet or loose area, had the dangerous spot been there long enough so that the owner should have known about it?
If you tripped or slipped on an object someone had placed or left on the floor or ground, was there a legitimate reason for the object to be there?
If there once was a good reason for the object to be there but that reason no longer exists, could the object have been removed, covered, or otherwise made safe?
Was there a safer place the object could have been located, or could it have been placed in a safer manner, without much greater inconvenience or expense to the property owner or operator?
Could a simple barrier have been created or warning given to prevent people from slipping or tripping?
Did insufficient or broken lighting contribute to the accident?

Next Steps

If you think you have a viable legal claim for injuries sustained in a slip and fall accident, there are a few things you can do right now to learn more about your potential case and protect your legal rights including:

Discuss your situation with an experienced Personal Injury Attorney

* From an article by David Goguen, J.D. on www.personalinjurylawyer.com

How Likely Are You to Slip and Fall?

2012-04-26T14:08:48Z

Anyone at any time can find themselves losing balance and falling to possibly becoming the victim of a slip and fall accident. Some groups of individuals are at a higher risk than others for injuries related to their fall.

The first group is the elderly. For those who are 60 years and older it is no surprise that your agility is not that as it were when you were you younger. Your skin begins to bruise more easily and your bones are not as strong as they used to be therefore enhancing the extent of your slip and fall injuries. One of the most common injuries the elderly incur are fractures in the wrist, arm, back and hip.

If you live or are visiting a colder climate you have the snow and ice to serve as obstacles and portential hazard areas where many slip an fall accidents occur. Keep in mind to wear footwear that is suitable for snow and ice. This could mean the difference of a severe vs. a minor or no injury at all if you start to lose your balance.

Those working in many environments are also more likely to have an accident on the job due to spills on floors and in hallways. Some of these employees include:

Doctors and Nurses
Janitors
Construction Workers
Restaurant and Hotel Workers

Much of this information is of course common sense to most but let this serve as a reminder as well as a warning to those who may find themselves in a new work environment or climates they are not accustomed to.

If you have been injured as a result of a slip and fall accident, contact Bernardo Injury Law today to schedule an initial consultation.

Five Things You Should Do Following an Injury

2012-04-20T16:19:43Z

There are many issues to deal with after an injury. Pain, visits to the doctor and pharmacy, missing time from work, insurance claims, paperwork, etc. In order to stay focused during what can be stressful time, there are five things you should try your best to do or have someone help you with them:

1. First and foremost, seek medical attention. Your health is most important.

2. Identify witnesses. When available, make note of the names and contact information of all witnesses including anyone who may have been at the scene helping out.

3. Take notes. Write down as much as you can about the events leading up to, during as well as after the event. The more time that goes by the more you are likely to forget or not be able to clearly reacall each of the events.

4. Report the injury. If you have fallen in a store, contact the manager. If you were in a car accident, contact the police. Be sure to have your accident on file and request a copy of the incident report.

5. Maintain records. Keep all medical records, bill, receipts, correspondence with insurance providers. Keep a calendar of doctor's appointments, work time missed as well as anything else that may be needed for your case.

For more information, contact Bernardo Injury Law today.

Swimming Pool Safety Tips

2012-04-11T18:29:54Z

If you are the owner of a swimming pool you are already aware of the potential dangers and repsonsibilities that come along with your pool. Accidents and drownings unfortunately happen too often. Drowning is the second leading cause of death among children in many states. Most swimming pool accidents happen when a child is out of sight for a only a few minutes.

To prevent accidents from happening at your pool one of the of best safety measures you can take is to put up a fence or barrier around your pool to prevent anyone from using it unless someone there to supervise. Other preventative measures include:

Always supervise children and even adults who are using your pool
Be sure someone knows CPR
Are you aware if your guests know how to swim? or are experienced swimmers?
Be sure you always lock the gate or doorway outside of your pool
Keep toys out of pool when not in use

When precautions such as these are taken it is less likely that someone will be seriously injured or drown at your pool. For more information contact Bernardo Injury Law.

It's that time of year, Spring Break! Injured at a hotel?

2012-04-05T18:32:10Z

It's that time of year when thousands of college students flee south to sunny Florida for a break from their classes and campuses. We all hope that this will be a fun time and one to reflect on with happy memories. In the unfortunate event that your child incurs and injury at a hotel during spring break there are a few things you should know.

Make sure your child seeks medical attention and files a report with the hotel immediately. Have them or their friends take pictures of the area where the injury occurred identifying the surroundings, obstacles, etc. The hotel may be liable if someone slips or trips on their premises as a result of wet floors or tiles for example, especially if they failed to warn guests or clean up the area. Other obstacles include building flaws such as unstable hand railings or inefficient lighting on the property.

In the event that your child has been a victim of an attack at a hotel, the hotel may be held responsible. Were insufficient security measures taken to protect guests? Have their been incidences of crime in the past that were not disclosed? Are proper locks installed on doors and windows and adequate lighting provided throughout the property and parking lots?

If your child has been injured or worse, the victim of an attack at a hotel, contact an attorney immediately to find out your rights.

Could there be Chinese drywall in a property you are looking to purchase or rent?

2012-04-02T19:58:03Z

Although there has been alot of news and media convering this topic over the last few years, be sure that you do not lose sight of the fact that there still may be Chinese drywall in a property that you are looking to purchase or rent.

One of the first signs of Chinese dryall is a strong sulfur smell, similar to the smell of rotten eggs. Lots of people in new homes pass this off as smell from paint, or new carpeting, etc. If you smell sulfur in a property you are looking at, you should consider a method of testing before moving forward with a contract. Be forewarned that just because a building or home does not smell like sulfur does not mean that there is no Chinese drywall present. In cooler environments, Chinese drywall has been found to contaminate homes lacking the distinct odor mentioned.

Check for corrosion on the metal faucets, drains, mirrors, picture frames, etc. that may be present in the bduilding or home. Anything that contains decorative metal should be checked for pitting, dark spots, or a dark discoloration. These are tell-tale signs that Chinese drywall is most likely present. Also, check the copper. If you see darkening of copper wires such as on pipes around the top of the water heater, there may be Chinese drywall present.

Watch for failing appliances. If the large appliances like TV's, A/C units or refrigerator have stopped working or are working poorly, have the property tested.

If you feel there may be Chinese dryall in the building that you currently rent, own or are working in, contact us today to schedule an initial consultation.

Safety Risks at Foreclosed Properties

2012-03-26T15:36:41Z

Have you noticed some of the foreclosed properties throughout Southwest Florida lately? These days foreclosed properties are abundant and difficult to miss. They are in every neighborhood and in every city througout Southwest Florida. Unfortunately, little attention is given to the care of these properties by current owners- the banks. Many of these properties have become an eye sore for passerby's and a danger to those that enter.

Failure to properly maintain these properties has made them hazardous for anyone that must enter such as city and county employees, meter readers, inspectors, realtors, appraisers, maintenance and repair workers, and prospective buyers. The properties are often left in disrepair by the new owners, the banks. Overgrown brush and weeds hide holes or material left by the existing homeowners, or possibly even by a worker initially hired by the bank itself. Large holes, construction equipment, ot other debris have caused serious injuries to visitors of these properties.

The fact is, there has been an increasing number of foreclosed homes in our communities and they are being neglected by the banks who own them. This presents an even greater opportunity for serious injuries to occur. The new owners have the same responsibility as the previous homeowner before them. They must maintain their properties and repair or correct any dangerous conditions that they become aware of or should have been aware of. If they fail to do this, an injured person may bring an action of negligence against them.

Homeowners associations may have some responsibility in these cases as well. In fact, homeowners associations unfortunately get hit twice if a claim is made.They would have already lost income from the homeowners and the banks who have invariably failed to pay association dues, and now will have the added burden of a negligence claim.

There is no need to add injury to insult by failing to maintain these properties properly, and preventing or fixing dangerous conditions, particularly if they are hidden to ordinary observation. Injuries and negligence claims can be prevented altogether if banks would properly maintain these foreclosed properties.

Safety is everyone's responsibility to some degree, and banks and homeowners associations fall into this category as well. Joseph J. Bernardo Injury Law in Southwest Florida is a personal injury attorney with over 23 years of local litigation experience. For more information visit www.injuryinfo.org, call 239-332-3000, or e-mail gethelp@injuryinfo.org.

Pick Me Up and Slip and Falls

2012-03-22T18:17:42Z

Although slip and fall injuries occur most often with the elderly, anyone of nay age can slip and fall. If you slip and fall in someone's home or place of business other than your own, you may have a case to file a slip and fall lawsuit. Depending on the circumstances, if the party who owns the business you were injured in is found to be negligent, it could mean some financial assistance for your medical bills and loss of income.

The most common causes of falls are wet floors or obstructions. For example, if you have fallen in a business due to wet floors that have just been mopped, you may be able to make a claim. However, if the business can either prove, or convince the jury that the wet floors were well marked with cautionary cones, ropes or signs that say "wet floors," the case will be more difficult. The first thing you should do is go to the doctor or hospital to get checked. This will allow you to document that you did in fact have a slip and fall injury and could prove to be invaluable to your case. You should also document how many days of work you missed and the amount of wages you lost. Also, keep track of your medical expenses, including:

prescriptions
transportation
physical therapy
massages

There is no way to determine the amount of a settlement you could receive. The amount varies per case and depends on the extent and longevity of injuries. Sometimes the case is settled out of court, but you must weigh the pros and cons before making that decision.

After a slip and fall, contact an experienced attorney right away to get the right advice. Learn your rights in the case. Do not hesitate, it could cost you your case.

Quality vs. Quantity-Consumers At Risk

2012-03-12T00:34:38Z

Consumer safety risks and concerns seem to be rampant these days. A few years ago during the height of the economic boom, automobiles, pharmaceuticals, technology and construction companies mass produced their products at an overwhelmingly fast pace. Manufacturers focused on quantity and seemed to forget about quality in the process. Workers were forced to produce a high volume of products to meet the supply and demand at the time. Consumers are now experiencing a great deal of frustration and doubt as safety concerns, injuries and fatalities are on the rise due to manufacturers negligence.

Toyota, Dell, Apple, Tylenol and Chinese Drywall are examples of companies that have reportedly jeopardized quality for the sake of quality and greed. Millions of Toyota and Lexus vehicles have been recalled after deaths were reported, millions of children's Tylenol products were removed from shelves due to severe illness, the Apple I-Phone reported glitches, and Chinese drywall has left many without homes and ailing health concerns. It is time companies begin to put consumer safety and quality of products and services first.

If you feel that you or a loved one has been injured due to someone else's negligence, call Bernardo Injury Law at 239.332.3000 or visit www.injuryinfo.org. At Bernardo Injury Law we practice quality, not quantity. Your case is handled with personalized care to make sure you never have to settle for less.

Dog Bite Injury

2012-03-05T21:17:39Z

Dog bites can be deadly and costly. Studies show that almost 20% of the population in Lee County are now without health insurance. What would you or your fmaily do if you were to suffer from serious injuries requiring medical attention, surgery, or worse- dealing wtih the loss of a loved one? If you or a loved one has been attacked by a dog or animal, you should know your rights and facts concerning dog attacks.

Facts are that surveys conducted more than a decade ago determined there were 4.7 million dog bite victims annually in the US. Studies show that 1,000 Americans per day are treated in emergency rooms as a result of dog bites. According to the CDC, an American has a 1 in 50 chance of being bitten by a dog. Most of the victims who receive medical attention are children, half of them are bitten in the face. Dog bite losses exceed $1 billion per year with over $300 million paid by homeowner's insurance.

If you have questions about a recent dog attack ot are under medical treatment from an attack, contact the Bernardo Law Firm to get the help you need.

Golf Cart Safety

2012-02-29T05:28:28Z

Roughly 13k golf cart related accidents require emergency room treatment each year. In many Florida communities golf carts are allowed on the roads, but are they safe for use on the roads? It is rare that we hear about golf cart accidents, but they may be more common than you think. The number of injuries related to golf cart accidents is rising according to Kristopher Seluga, a medical engineer and safety expert who conducts studies on golf cart safety. Over the past 17 years studies show that these types of injuries has increased by 130 percent!

On golf courses adults are the primary driver as well as victims of accidents, but in residential communities it is the children who are the primary user of these vehicles. Golf carts can flip causing injury, especially if you are driving on an incline or eneven terrain, often encountered on golf courses. Passengers are often thrown from or fall off of carts due to quick or sudden turns. In residential communities children are often found riding through the streets on carts chasing one another in play. Although there may be rules and regulations associated with carts in communities, there are not always enough according to some.

Adults give teens car keys to drive only after they pass a driving test and know safety rules. However, adults often don't review safety rules when they hand over golf cart keys. They are unaware of the dangers that lurk. In a cart there are no doors or seat belts to keep one safely in their seat in the event a turn is taken too quickly or when an impact with another object occurs.

A Tampa father who bought a golf cart for recreational use a few years ago is taking golf cart safety very seriously after his six year old daughter suffered a serious head injury and died after falling from a slow moving cart that her seventeen year old sister was driving. The family will never recover from the loss and now the father vows to make a difference and increase golf cart safety and awareness. He hopes that no other life is lost and no other parent/family suffers this tragedy. If you are a parent reading this blog, hopefully this will bring awareness to you.

Be cautious, accidents even in slow moving golf carts can en fatal. Take precautions and be safe. If you are in need of a consultation for a moving vehicle related injury of any kind, please call Bernardo Injury Law at 239-332-3000 or visit www.injuryinfo.org.

Landlord Responsibility

2012-02-28T12:19:20Z

Renters are abundant this time of year, especially as northerners flee to escape the heavy ice and snow. It is critical for a landlord to keep his/her condos or apartments safe for his/her tenants. They should also keep proof that he or she has been diligent when it comes to up-keep of the residence. Proper maintenance and care of the property can prevent accidents and injuries. Often however, landlords do not maintain the property, and injury does occur.

Landlords should have an emergency assistance plan in place, keep maintenance records for a period of five years, and comply with local and state housing safety regulation. It is also the landlord's responsibility to keep the property safe from all potential threats to safety. If one tenant harms another tenant, as the landlord you could be held responsible. If the landlords knows one of the tenants is threatening another tenant, it is his/her responsibilty to call in proper authorities involved to ensure the safety of the residents. It is important to know your rights.