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Where Do Slip, Trip and Fall Incidents Happen?

Posted by Guy DiMartino | May 19, 2015 | 0 Comments

The most common places for slip and fall injuries are in business where there is a foreign transitory substance, like water or grease on the floor. On the other hand, trip and fall incidents usually happen outside commercial business. I've handled cases in parking lots, stairs, ramps, carpet, sidewalks, and uneven flooring.

Is slip and fall law different if the injury happens in a residence?

No. If you are invited or are a guest on a person's property. The property owner owes you a duty of reasonable care to keep their residence in a reasonably safe condition and to warn guests about any dangers.

So, it doesn't matter if someone is in his friend's living room or in a supermarket. If the injured person was invited on the property, the owner owes him a duty.

What if the injured person is not invited and shouldn't be on the property?

This person would be considered a trespasser and the property owner only owes a duty to refrain from committing a willful or wanton injury against the trespasser. If the trespasser is a child and is drawn unto the property because of something the owner would know of like a pond or trampoline, then the attractive nuisance doctrine may apply, which lowers the hurdle for the child to bring a claim.

Are more slip and fall claims brought against business or residential property owners?

In my experience more claims are brought in the business context because of shear volume and the difficulty of maintaining large properties. Typically, homes and apartments are smaller and the chance of a dangerous condition lasting a long period of time is much less than a cooler that may be leaking water in a grocery store.

Have you noticed that certain businesses have more problems than others?

In my experience yes. The busier the store, the higher the chance of something going wrong. For instance, if you compare a Wal-Mart store to a Target store, the atmosphere is different in these two stores. A Wal-Mart is typically busier, has more “stuff” around, which increases the chances of of a customer getting injured. On the other hand, Target seems to have larger aisles, the products are displayed more orderly, and there is less volume of customers so the chance of being injured has decreased.

If you would like more information on the particular locations and types of slip, trip and fall claims, Call Guy S. DiMartino, DC, JD at (352) 267-9168.

Photo Attribution: Image courtesy of Gualberto107 at FreeDigitalPhotos.net

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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