What are your summer plans?
Even if you are staying here in Florida for the summer, you have plenty of options for a fun, relaxing vacation. You could take a river cruise, hit the beach, or spend a day at one of Florida’s many amusement parks or attractions. While most vacations go off without a hitch, it is important to know what to do in case you slip and fall while you’re trying to relax and have some vacation fun.
Let’s look at an example. In 2013, a woman was at Walt Disney World’s Typhoon Lagoon when she slipped and fell on a wet substance around one of the park’s wave pools. The fall left the woman with a serious injury, and she just recently filed a complaint against Walt Disney Parks and Resorts US Inc.
She alleges that the fall caused bodily injury, pain and suffering, loss of life, and so on, and is holding the park liable for failing to warn guests about the risks of the walkway, as well as failing to use non-skid paint that could prevent falls.
It will take months until we know the result of this lawsuit, and it is surely not the only lawsuit against Walt Disney Parks.
Injuries happen. If you are injured this summer, you may end up needing to file a lawsuit. Slip and fall accidents can be expensive, and when they are caused by a third party, that individual or entity should be held liable for the damage that they caused.
Many of these accidents are preventable. In the case above, the plaintiff believes that a proper warning, non-skid pain and materials, or better inspection of the property could have prevented her accident.
How to Make Your Lawsuit Go More Smoothly
To make sure your lawsuit goes smoothly, consider doing the following immediately after your accident:
Gather and document details about the incident and the premises. The more you know about the conditions of the place where you slipped and fell, the easier it will be to recount the incident to a judge. Information you may want to gather includes:
- Witness testimony
- The number of staff members around the area
- Conversations with staff before and after the incident
- Weather conditions
- Other risks present around the area or premises
- The property owner’s “duty of care” to you (why you were visiting, purchase of admission, etc.)
Talk To Your Insurance Company. Not all slip and fall accidents need to be settled at trial. Talk to your insurance company about reaching a settlement out of court (but be sure to consult with a lawyer throughout negotiations to get the compensation you deserve).
Read the Fine Print. Vacation destinations, especially giants like Disney, know that lawsuits will come. Big companies take extra time to distance themselves from liability. Go over the fine print on your admission ticket, hotel contract, and so on. You may not be able to file a lawsuit against the company itself, but you will be able to sue a third party that was associated with the accident.
Talk to a South Florida Lawyer. Even if you have solid evidence the company or property where you had your accident is liable for your accident, you still have to defend this claim. Experienced lawyers who work for big companies are not afraid to put the blame on you. If you were running, consuming alcohol, or were unsafe in other ways, the defendant may claim that you were negligent. Fight back by having a South Florida personal injury lawyer representing you throughout this process.
About the Author:
A partner at Lawlor, White & Murphey and a distinguished personal injury lawyer, Ben Murphey tries complex disputes that include civil appeals, maritime and admiralty claims, wrongful death, and labor disputes. Mr. Murphey has been recognized for his excellence in the area of personal injury litigation by being rewarded with a 10/10 Avvo Rating and named a Super Lawyers “Rising Star” for the last four consecutive years (2011-2014). Mr. Murphey regularly tries cases in state and federal courts around the country, being admitted to practice before all Florida courts and the United States Court of Appeals for the 11th Circuit.