While there are many types of premises liability cases, ranging from elevator accidents to negligent security claims, these types of cases most commonly involve slip and fall accidents. Under Florida Law, those injured in a premises liability accident have up to 4 years to file their claim. Florida is a comparative negligence state, meaning you receive a percentage of the money awarded to you based on the percentage of negligence other parties are responsible for. For example, if the court deems your injuries worth $100,000 and the property owner is seen as 75% at fault, you will receive $75,000. This means it is vital to speak with an attorney before you answer any questions that may show you are partially at fault for your injuries.
Highlighted Slip & Fall: Hospital/Nursing Home
We often entrust hospitals and nursing homes to return us to health, but these establishments are also often negligent in safely maintaining their properties. Because of this, over 1 million falls occur in hospitals every year, with many resulting in serious head injuries and bone fractures. The consequences of these incidents in nursing home falls are even direr as 20% of fall-related deaths occur in those that are 65+.
Common negligent causes of falls in hospitals and nursing homes include:
Tripping hazards and clutter in rooms and hallways
Lack of bed rails
Improperly adjusted wheelchairs
So what should you do if one of these care facilities doesn’t keep you safe? If you or a loved one are injured on the premises of a hospital or nursing home, fill out our online form for a free, no obligation case review today.
Elements of a Slip and Fall / Premises Liability Claim
A property is considered dangerous if it presents an unreasonable harm to people on the property and if those people could not have anticipated the condition. If you have suffered an injury on a property that meets these criteria, you may have a claim for your damages. To prove your case, we will need to prove that the property owner knew of the dangerous condition and did not repair it or notify visitors of the condition.
In addition, the law in Florida imposes a duty on property owners to keep their premises free from any hazards that might attract and injure children. This means that property owners can be held liable for injuries that occur to trespassing children who are hurt by unsafe property conditions, such as inadequately secured pools and trampolines.
Premises Liability Accidents at Costco
Costco is a retail store that utilizes a warehouse format to sell anything from produce to electronics to Tallahassee residents and nationwide. If you’ve ever visited the Costco in Fallschase Village Center on a weekend, you know how busy it gets and the high activity may increase your risk of an accident. While the big box format of Costco helps lower the cost of products, the usage of heavy machinery to move the merchandise and large pallets being knocked into during Costco’s weekend rush often leads to customer injuries.
If you slip and fall in a Costco warehouse, they may be liable for your injury and responsible for helping you pay a portion of your injury-related expenses. Contact our experienced attorneys for a free, no-obligation case evaluation.
Prior results don’t guarantee future success, but some major slip and fall verdicts against Costco include:
- New York, $9,900,000 Verdict – A New York woman was shopping at a Costco when an employee placed her cart on an upwards moving cart escalator. The cart, which was partially loaded, was not properly locked on the escalator and came back towards the woman, hitting her right arm. She immediately experienced regional pain syndrome which requires daily injections and medication and is told she will need a spinal implant in the future. The case went to trial and the woman won a verdict of $9,900,000.
- California, $1,500,000 Verdict – Brenda slipped and fell over a variable height curb in the Costco parking lot. Due to her fall, Brenda tore two quadricep tendons that required surgery and 90 days in a rehab facility. Costco was unwilling to accept fault in this case and said Brenda was at fault to her injuries but a jury awarded her $1,500,000 in non-economic damages.
- Nevada, $400,000 Verdict - A Las Vegas man was exiting the check-out area of Costco when he slipped and fell on a piece of cardboard that had been laying on the ground. The fall led to a severely fractured ankle and a jury awarded the man $400,000 and placed 85% of the blame for the accident on Costco so he brought home $340,000.
Directions from the Costco on Lagniappe Way to the Morgan & Morgan Tallahassee Office:
Other Leon County Communities We Serve:
- Fort Fraden
- And all other surrounding Leon County communities.