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5/25/2009
Jim Dodson
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Fall Injury Cases | Where's the Proof? | Florida Fall Injury Lawyer

My  wife and I visited my mother-in-law for the weekend and while watching the Memorial Day parade in Central Florida we struck up a casual conversation with one of her neighbors whose elderly mother had a fall injury recently and broke her hip, requiring  hip replacement surgery. Unfortunately there was no inherent liability on the part of the property owner for her fall injury but it raised the question of what is required for us to pursue a case for a client who is injured in a fall.

In thinking over some of the cases of some of the clients we currently represent, there are definite patterns in what occurred.

Currently, we are pursuing a "big box" retailer on behalf of a client who fell in a garden center because of a broken part on a flower display cart which resulted in her tripping and multiple surgeries.

We also represent a woman who fell in the lobby of a condominium on a day when it was raining lightly, causing her to suffer a knee injury with a fractured patella with complications and multiple hospitalizations. The investigation revealed the floor did not meet the minimal co-efficient of friction. There was no warning cones posted, despite the weather and there was inadequate matting to absorb water tracked in.
 
Another client fell on a set of stairs resulting in a knee injury, again with a fractured patella, requiring surgery. The defect we are pursuing includes violation of the life safety code having to do with a handrail.

In addition, a client fell on a set of steps at a fast food restaurant which caused her to have a hip fracture with open reduction internal fixation. The investigation has determined that the tread depth on the steps were too narrow and did not meet code.

Another client fell on a set of exterior walkway steps which resulted in a fibula/tibia fracture with open reduction internal fixation surgery which was contributed to by the steps having an impermissible slope, where they were irregular and otherwise out of code
.
  
Yet another client, fell over an electrical box stubbed out of the ground in the walking area of  an outdoor patio, causing our cient to fall and break his arm.

An older client living in a over fifty-five community suffered a fall injury with a patellar fracture because of a manhole cover which had been intentionally raised by the property owners approximately three inches above the roadway and was not painted or warned against.

While I could list other cases, just let me say,  the common theme of most of our  fall injury cases include: a serious injury, generally requiring surgery, immediate notification of the property owner (either directly or through paramedics arriving at the
scene),  our investigation confirming evidence of what caused the client to fall and our ability to document it with photographs and measurements, in addition, to the defect being a safety or code violation.





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If you’ve been injured in a fall, make sure you don't hurt your case, as well. This book will tell you specific steps you should take if you have been injured in a fall case. Clearwater, Florida injury lawyer, Jim Dodson has over 20 years experience representing clients injured in all types of falls. Injuries from falls commonly result in broken bones, head, back and neck injuries, herniated discs, nerve damage, and often times require surgery. Learn the danger of using your own health insurance company, common mistakes to avoid, what you need to prove in order to win your case and how to find the best lawyer for your case. Don't hire a lawyer or speak with a claims adjuster until you have read this book.  
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