In addition to representing clients that have sustained injuries in automobile accidents, Amarosa Law Firm, P.A. also handles various types of personal injury claims that result from the negligent acts or wrongful conduct of other persons and/or businesses, including:
- Premises liability or “slip and falls”
- Dog bites or other injuries from another person’s dog or other animal
- Toxic torts
- Other personal injuries
Premises Liability – Slip And Fall” Claims
A “slip and fall” or “trip and fall” is the generic term for an injury that occurs when someone slips, trips, or falls as a result of a dangerous or hazardous condition on someone else’s property. It includes:
- Falls as a result of water, a liquid or object on the floor
- Abrupt changes in flooring
- Poor lighting
- Unsafe stairs
- Hidden hazards, such as a gap or hidden hole in the ground
If you are on someone else’s property and injure yourself as a result of a dangerous condition on the property, the landowner or business proprietor may be liable for your injuries.
Unreasonably Dangerous Property Condition
In a premises liability case, property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have reasonably known about. The hazard may be obvious (such as a broken stair) or hidden (like a hole in a lawn that is partially covered by grass). In general, an owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, since the owner knew or should have known about the condition before the incident occurred. In the case of temporary conditions like a liquid spill on the floor, the length of time that the condition existed before the incident occurred is a very important issue that determines whether or not the owner is liable for someone’s injuries.
What to do after a Slip and Fall Injury
- Inspect the area where you fell to try to determine what caused you to fall.
- Write down the names, addresses, and phone numbers of anyone in the vicinity where the incident occurred – both those who saw you fall, and others who were there after the incident – since you may need them as witnesses on your behalf if the landowner disputes your claim.
- If the incident occurred in a store or place of business, speak with the manager or supervisor on duty. Have them make a record of the incident, and get a copy of anything prepared by the business. If anyone (especially an employee, supervisor, or manager) makes a comment suggesting that this has occurred before, or that they were aware of the condition before your fall, obtain their name and number and then write down exactly what they said and who else heard him or her make the statement.
- Have someone take photographs of the area as soon as possible, so a record is made. “Conditions” have a way of changing if the landowner thinks you might file a claim for injuries.
Dog Bite Claims
Florida has a strict liability dog bite statute that states that the owner of a dog is liable for damages inflicted by his or her dog if it bites a person who is either in a public place or lawfully on the dog owner’s property. The dog owner is, in essence, an insurer of the dog and liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had a reason to believe it would behave in a vicious manner. The dog does not get “one free bite.” If a stray dog bites you, you have little legal recourse because you must file your claim against a dog’s owner or keeper (or their homeowner’s insurance company).
What to do after a Dog Bite Injury
- Immediately report it to Animal Services so that an incident/dog bite report is made to document the incident.
- Write down a description of the dog, any dog tag numbers on the collar, and how the incident occurred.
- Treat at a hospital, walk-in clinic, or doctor immediately for any injuries and wounds so as to be checked out for any infections or diseases and to document your injuries.
- Obtain the dog owner’s contact information and the information for any person
that is a keeper of the dog or is watching the dog at the time of the incident. - Ask the dog owner if he/she has a homeowner’s insurance policy or any other type of insurance policy as many times it will cover your injuries and damages resulting from the dog bite.
- Take photographs of your wounds and injuries immediately after the incident and periodically during the healing process in order to document any scarring you have as a result of the incident.
- Get an opinion from a doctor and/or plastic surgeon as to the severity of your scars and what future treatment will be needed.
Toxic Tort Claims
A toxic tort is the legal term for the harm that results from wrongful exposure of a harmful chemical or biological substance through ingestion, inhalation, skin contact, or skin absorption. Examples of toxic tort litigation include but are not limited to cases concerning lead paint, asbestos, pesticides, toxic molds, Chinese drywall, and toxic landfill/spill waster.
Often brought as class actions, due to the nature of toxic substance accidents and long latency periods, many cases are often not brought until several years after victims discover they were exposed to the toxins.
Other Personal Injuries
In addition to representing clients injured by an automobile accident, slip and fall, dog bite, and toxic tort, Amarosa Law Firm, P.A. also handles claims including workplace injuries, medical malpractice, nursing home abuse, defective products, harmful drugs, and other injuries or wrongful death.
