Myth:  The insurance company informed me that they won’t pay my hospital bills or doctor’s bills because they blame my slip and fall on the shoes I was wearing.  I guess it’s my own fault that I fell down.

Fact:  The nature of your footwear (flip-flops, high heels, bare feet, etc.) will not prevent you from recovery. If the property owner failed to keep his property in a reasonably safe condition, failed to repair defects or failed to warn you of dangers and you were injured, he will be held liable. You are entitled to not only payment of your medical bills but also payment for your pain & suffering and any future medical expenses you may incur that resulted from your slip and fall.

Myth:  If I am injured by slipping or tripping over something that was in plain view, I will be prevented from recovering damages since the Insurance company will say that I should have been more observant when walking.

Fact:  If the property owner allows a dangerous condition that he knew or should have known to exists, even if it is plain view (open and obvious), he still has a duty to maintain his property in a safe condition. For example, he is under a duty to repair or clean up the dangerous situation before someone becomes injured. Thus, you may still be entitled to a recovery even where the item was in plain view.

Myth:  I can’t make a claim for tripping and falling while visiting my friend’s apartment complex because I don’t live there.

Fact:  Florida law requires that the property owner keep his property in a reasonably safe condition for visitors and/or residents.  Therefore you are entitled to recover for any damages you incur as a result of an injury you sustained from a trip and fall even though you do not reside at the location where you fell.

Myth:  Since the store manager completed an incident report right after my slip and fall accident, I don’t need to do anything further to document my fall.

Fact:  The store manager prepares the incident report for the benefit of his company. It can often be slanted in such a way to portray your involvement in a negative light or fail to list critical witnesses that could support your position. It is therefore important that the injured person immediately gather the manager’s name, as well as, the phone number and addresses of all witnesses. A slip and fall victim should never rely on a store manager or company employee to preserve beneficial evidence that will later assist in their recovery of damages for the store’s negligence.

Myth:  If the Insurance Company asks me to provide a recorded statement and I do not immediately comply, they can deny my claim.

Fact:  An insurance company representative may contact you and request that you provide a tape-recorded statement of how your slip & fall occurred. They are motivated to speak with you before you have had the opportunity to consult with an attorney. It is common for an adjuster to later use these statements against you in an effort to deny or limit your recovery. At the time of your recorded statement, an injury may not have yet manifested itself, since many people may not feel the effects of an injury for several days or weeks. Don't fall prey to an insurance adjuster's ploy that your case cannot be settled without your recorded statement.

Myth:  I can return to the property where the accident occurred to get photos after I’m feeling better. There is no need to rush.

Fact:  After a slip & fall a property owner will almost always take immediate steps to repair or correct the dangerous condition so no additional accidents will occur. This will often result in eliminating much of the vital evidence in your case. It is very important to return to the scene of the accident as soon as possible and obtain photographs of the area before any changes are made. Many of our clients use their cell phones to take these pictures immediately after their slip & fall. Armed with these images, your attorney is better able to effectively secure a fair settlement despite the insurance company’s efforts to minimize or deny the property owner’s negligence.    

Myth:  I don’t need to hire an attorney because the strong facts of my case clearly point to the negligence of the property owner in causing my slip & fall. Thus, my case will be easy to prove on my own.

Fact:  Slip & Fall cases are defended vigorously by insurance companies. You will be no match for a skilled and experienced insurance company lawyer who will be looking for any angle to deny your claim. Your attorney can hire the necessary experts or safety engineers. Their reports carry great credibility and are often a persuasive method for your attorney to clearly establish fault on the part of the property owner and to increase the value of your claim.