Slip and Fall
Anthony Quackenbush has worked as a Fort Lauderdale Slip and Fall Lawyer for many years. He works on cases involving slip and falls which have occurred all across Florida, including Broward County and South Florida. Although somewhat self-explanatory, a slip & fall accident occurs when a substance or liquid is left on the floor, you slip on the substance or liquid and crash to the floor. A slip & fall accident can occur on a solid substance (such as food) or a liquid. When the substance or liquid you slipped on was negligently left there by somebody else (or when somebody else negligently failed to notice that there was a substance or liquid on the floor), you may be able to pursue a case against the person who negligent left, or failed to notice, the substance or liquid, Mr. Quackenbush represents clients who have had slip & falls on all types of substances – including wet floors, liquids, water, soda, juice and all types of food.
If you have sustained injuries as a result of a slip & fall accident occurring anywhere in Florida, contact this Fort Lauderdale Slip & Fall Lawyer at 954-448-7288. He will give you a free, no obligation consultation. Mr. Quackenbush will not get paid unless you receive compensation from your case.Fort Lauderdale Slip and Fall Lawyer Advises Clients
If you’ve been hurt during a slip & fall accident happening anywhere in Florida, there are a couple of things you should do. Firstly, you should take photographs of the dangerous condition (whether it be liquid, water, soda, juice, or food). The reason for this is that, after you leave the establishment where your slip and fall incident occurred, the dangerous condition will most surely (and probably should) be cleaned up. It will be too late for you to take a picture of the dangerous condition at a later date. You will want the evidence of the dangerous condition at a later date if you pursue litigation. Otherwise, it will just be your word that the dangerous condition existed.
Secondly, you should report the slip and fall and make sure that an incident report is filled out by the manager, customer service or another employee. You will want the incident report at a later date to prove that the slip & fall did, in fact, occur and wasn’t made up. Without the incident report, the establishment may be able to deny that you were even on the property.
If you’re asked to fill out an incident report yourself, you should not do so without first speaking to a Broward County Slip & Fall Attorney. The establishment where you fell (or the insurance company for the establishment where you fell) may later try to use your statement against you. However, if you’ve already filled out an incident report yourself, you are entitled to a copy of it. While the establishment where you slip and fall occurred is not obligated to give you a copy of any incident report filled out by its own employees, the establishment is required to give you a copy of any incident report filled out by you.
You should request the names of any witnesses who saw your slip & fall. This is especially important if you were not able to take pictures of the dangerous condition. You will later want to be able to contact these witnesses and request that they testify for you in court. The witnesses may be able to testify to the existence of the dangerous condition.
You should also request to see any surveillance of your slip and fall. While the establishment where you slipped and fell does not need to give you a copy of the surveillance, many establishments do nowadays videotape their properties. It is entirely possible that, if you ask, the establishment may give you a copy of the surveillance.
After a slip & fall accident, it is crucial to contact this South Florida Slip & Fall Attorney. This is true because surveillance in establishments oftentimes is only kept temporarily. Sometimes, the surveillance video will be recorded on a “loop.” This means that the surveillance tape will repeatedly tape over itself, and old footage will be lost. This South Florida Slip & Fall Lawyer can send the establishment where your slip and fall occurred what is called a “preservation letter.” This letter instructs the establishment to preserve (or hold onto) any surveillance video. If they don’t do this after receiving the letter of this Fort Lauderdale Slip and Fall Law Firm, there can be severe consequences in Court.
Lastly, after a slip & fall incident, you should seek medical attention should you feel any pain or symptoms. Firstly, for your health it is important for you to seek medical attention and receive treatment. From a legal standpoint, it is also important to document your injuries by seeing a doctor or going to a hospital immediately. This prevents the defense from arguing at a later date that your delay in treatment is proof of your lack of injuries.Consult with a Broward County Slip and Fall Lawyer
There are many misconceptions regarding slip & fall incidents. For example, many people think that, if you are on somebody else’s property and you are injured, the owner of the property must automatically be responsible for your injuries. This is not true. In fact, in order to prove and win a slip and fall case, you must prove that the owner of the property where you were injured either: 1) knew of the dangerous condition that caused your slip and fall, or 2) should have known of the dangerous condition. The fact that there was a dangerous condition on the property isn’t enough to impute liability on the owner of the property.
To prove the first contingency (that the owner of the property knew of the dangerous condition), you can prove that the owner or employees of the property created the condition. For example, if the employee of a store, restaurant or hotel spills liquid on the floor in the establishment that later causes you to fall, it could be said that the “establishment” knew of the dangerous condition. The establishment would then be liable for any injuries caused to occur to you as a result of the dangerous condition.
On the other hand, even if an employee of the establishment didn’t create the dangerous condition him or herself, the employee could have seen the condition him or herself and not have done anything about it. In that situation, the employee would clearly have known of the dangerous condition. Again, this would impute liability to the establishment.
To prove the second contingency (that the owner of the establishment should have known of the dangerous condition), you must prove that the dangerous condition existed for a long enough period that the owner would have had ample time to notice it. For example, if another customer of a store, restaurant or hotel spills liquid on the floor and you subsequently slip & fall on the liquid thirty seconds later, the owner of the establishment probably wouldn’t have had time to notice the dangerous condition and fix it. In that case, the establishment wouldn’t be liable for your fall. On the other hand, if the dangerous condition had existed for a couple of hours, the establishment probably would have had enough time to notice it and should have fixed it/cleaned it up. In that scenario, the establishment would be liable for your slip and fall.
There is no bright-line rule for how long the dangerous condition must have existed before your slip and fall in order to make the establishment liable. It is a subjective question and is usually left up to the judge in your case.
There are many ways to prove that a dangerous condition existed for long enough that the establishment where you were hurt should have known about it. For example, in the case of liquid on the ground in an establishment, you can show that the liquid was dirty, had shoe prints in it, track marks, etc. – all factors indicating that the liquid had been there for some time, had been walked through, etc. This is all the more reason to contact this Fort Lauderdale Slip & Fall Law Firm as soon as possible. Mr. Quackenbush understands what is necessary to prove this kind of case in court.
Mr. Quackenbush handles cases involving all types of injuries. These include fractured and broken bones - including fractured ankles and ankle injuries, fractured knee caps, fractured hips (including hip replacement surgeries and operations), fractured pelvis (including pelvic repair surgeries and operations), fractured tail bones, fractured ribs, fractured clavicles and collarbones, fractured elbows (including elbow surgeries and operations), fractured wrists (including wrist surgeries and operations), finger injuries (including finger amputations), maxillofacial injuries including fractures to the nose, jaw and other bones in the face, fractured femurs and broken legs, fractured tibias and shins, and fractured fibulas.
This Broward County Slip and Fall Attorney also handles cases involving injuries to the joints – including knee injuries (including arthroscopic knee surgeries and procedures and total knee replacement surgeries and procedures), ACL tears, MCL tears, shoulder injuries (including arthroscopic shoulder surgeries and operations), and rotator cuff surgeries and operations.
Mr. Quackenbush likewise works on cases involving catastrophic injuries, traumatic brain injuries (TBI’s) and closed head injuries, brain damage, paralysis, paraplegia and quadriplegia, cerebral palsy, comas, vegetative states, and death and loss of life (i.e., wrongful death). He also works on cases involving spinal cord injuries, neck/cervical and back/lumber herniated discs (involving fusion surgeries and discectomy procedures), broken necks, broken backs, fractured vertebrae in the neck and back, whiplash and other soft tissue injuries, contusions, and sprains and strains. Mr. Quackenbush handles cases involving eye injuries and vision loss, as well as hearing loss.
Mr. Quackenbush also handles cases involving syndromes and other maladies caused by accidents – including RSD (complex regional pain syndrome), carpal tunnel syndrome, Lisfranc injuries, and drop-foot.Contact a South Florida Slip and Fall Law Firm
Additionally, Mr. Quackenbush represents clients who have had slip and falls in all types of establishments. These include Supercenters such as Walmart, K-Mart, Target, Sam’s Club, Costco, BJ’s (amongst others).
Mr. Quackenbush also represents clients who have had slip & fall accidents in drug stores – including Walgreens and CVS (amongst others).
Because food and drinks are sold in grocery stores, there is always the possibility that substances can wind up on the ground in grocery stores. As such, many of the slip and fall cases Mr. Quackenbush handles result from accidents in grocery stores – including Publix, Winn-Dixie, Fresh Market, Whole Foods, Trader Joe’s, Albertsons, Save-a-Lot, Total Wine, Southern Wine & Spirits (amongst others).
Mr. Quackenbush likewise handles slip and fall cases occurring in gyms – including LA Fitness, Planet Fitness, and Gold’s Gym (amongst others). One of the issues that frequently comes up in cases involving gyms is that members of gyms are typically asked to sign a waiver form as a condition of membership in the gym. Part of this document requires the gym members to waive any claims for negligence (including slip and fall accidents) against the gym. There can be ways around these waiver forms however (such as in the case of when the gym is found to be grossly negligent or reckless, or when the gym is found to have acted in willful and wanton disregard for the safety of its customers), so contact Mr. Quackenbush if you’ve been injured in a gym and you have signed a waiver. He will let you know if there is any way around it.
Mr. Quackenbush also handles cases against amusement parks – including Disney, Universal and SeaWorld (amongst others).
Mr. Quackenbush likewise works on slip and fall cases occurring in retail stores. These include Brandsmart, The Home Depo, Lowes, Office Depot, OfficeMax, Staples, Best Buy, Kinkos, Bealls, Big Lots, Tire Kingdom, Jiffy Lube, Sports Authority, Barnes & Noble, Macy’s, J.C. Penney, Neiman Marcus, Nordstrom, Burdines, Saks Fifth Avenue, Sears, Kohl’s, TJ Maxx, Bealls, Marshalls, Ross, the GAP, Banana Republic, Abercrombie & Fitch, Old Navy, Ikea, City Furniture, Dick’s Sporting Goods, the Apple Store, the Dollar General, Dollar Tree, Toys “R” Us, Babies “R” Us, BuyBuy Baby, Bed Bath & Beyond, 7-Eleven, Game Stop, Autozone, Advance Auto Parts, PetsMart, Pets Supermarket, RadioShack, Foot Locker, Party City, Claire’s, ACE Hardware, Sherwin-Williams, Burlington Coat Factory, the Athlete’s Foot, Circle K, Hair Cuttery, Supercuts, and Men’s Warehouse.
Many slip and fall accidents also occur in restaurants. Due to the high quantities of food and beverages that are carried around in restaurants, there is a high risk of substances being on the floor. Waiters may spill drinks on the floor, for example, or customers may do the same and restaurant employees don’t notice the spilt liquid. This Fort Lauderdale Slip & Fall Attorney also represents clients who have had slip and falls in all kinds of restaurants. These include fast-food restaurants such as McDonalds, Burger King, Wendy’s, Arby’s, Pollo Tropical, Subway, Quiznos, Chipotle, Taco Bell, Dunkin Donuts, Krispy Kreme, Hardee’s, KFC (Kentucky Fried Chicken), Miami Subs, and PDQ.
Mr. Quackenbush also handles cases involving slip & falls in sit-down-restaurants. These include Denny’s, Checkers, Olive Garden, Bonefish Grill, Carrabba’s, Duffy’s, the Hard Rock Cafe, Longhorn Steakhouse, Outback Steakhouse, Season’s 52, Benihana, Starbucks, Capital Grille, Yard House, Red Lobster, Cracker Barrel, T.G.I. Friday’s, Ruby Tuesday, P.F. Chang’s, Buffalo Wild Wings, Maggiano’s, The Cheesecake Factory, The Melting Pot, Tony Roma’s, Applebee’s, Bahama Breeze, Baskin-Robbins, Kilwins, Boston Market, California Pizza Kitchen, Carvel Ice Cream, Chick-fil-A, Chili’s, Chuck E. Cheese’s, Cinnabon, Cold Stone Creamery, Dairy Queen, Dave & Buster’s, Domino’s Pizza, Pizza Hut, Little Caesars, Papa John’s, Golden Corral, Hooters, Houston’s, IHOP (International House of Pancakes), Miller’s Ale House, The Original Pancake House, Panera Bread, Moe’s Southwest Grill, Five Guys, Jamba Juice, Moe’s Southwest Grill, Chipotle, Pei Wei, Jimmy John’s, Rainforest Cafe, Ruth’s Chris Steak House, Sbarro, Skyline Chili, Sweet Tomatoes, Tijuana Flats, Tilted Kilt, Twin Peaks, Firehouse Subs, Baskin-Robbins, Dairy Queen, Smoothie King, Tropical Smoothie Cafe, Au Bon Pain, Auntie Annie’s, Einstein Brothers Bagels, Macaroni Grill, Mellow Mushroom, and J. Alexender’s.
Finally, this Fort Lauderdale Slip & Fall Lawyer represents clients who have had slip & falls in all types of hotels, motels and resorts. These include the Marriot, Hyatt, Holiday Inn, Howard Johnson, La Quinta, Days Inn, Doubletree, Econo Lodge, Embassy Suites, Hampton Inn, Hilton, Motel 6, Radisson, Ramada, Red Roof Inns, Super 8, Best Western, Sheraton, Courtyard, Residence Inn, Fairfield Inn, Comfort Suites, Walt Disney World Quality Inn, Disneyland Resort Hotels, Red Roof Inn, Budget Inn, Travelodge, Microtel Inn, the Ritz, and Starwood.
If you’ve been injured in a slip & fall incident occurring anywhere in Florida, contact Mr. Quackenbush at 954-448-7288. He will give you a free, no obligation consultation. Mr. Quackenbush will discuss your case with you for free. Should you decide to retain this South Florida Slip and Fall Attorney, he will not be paid until you’ve made a recovery in your case. Mr. Quackenbush can assist you if you’ve been injured in Miami or West Palm Beach or in any location in Florida.