Tennis Slip and Fall Injury (Questions about Florida Personal Injury Cases) - Expert Advice
The following is an expert answer given by Florida Slip and Fall Injury Lawyer, Joseph M. Maus, and is taken from AllExperts.com, a free Q & A service on the internet:
Subject: Slip & Fall Injury
Question: In Feb of 08, I fell while playing tennis and fractured a wrist. The tennis courts are in my neighborhood and are managed by a private company. After my fall I learned that the tennis courts were known to have subsurface defects which caused rippling. An employee of the management company told me to file a claim with their insurance company. I sent a demand letter with documentation about the court defects and all of my medical bills. At first they denied the claim stating the cracks were near the net posts. They offered 00 for medical. Each time I sent them more documentation that the defects were known to the management company, they would deny saying I had not shown that the company knew of the defects. The third time they denied, they rescinded the original offer for medical payment. This time they said I needed a photograph. I have given them copies of minutes, a report to the CDD telling of the hazardous conditions etc. I have asked a supervisor to review the claim. My medical expenses were ,000. I think I have provided reasonable proof that the management company should have put up a sign when they first were aware of the defects. The courts were repaved in June of 08. The insurance company says it was done for aesthetics, but I don't think anyone would repave tennis courts after only four years for aesthetics. Any advice would be appreciated.
Answer: Your email does not indicate what state you live in. In order to give you advice on the law in your area, you will need to speak with a premises liability lawyer in your area. I am a personal injury lawyer in Florida and specialize in car accident claims, cases that involve a Florida slip and fall injury, and workers compensation claims. Laws vary from state to state so the law in Florida may be different than your state. Your email does indicate you were playing tennis in February, so maybe you do live in Florida.
You most likely have a claim for payment of your medical bills, and, a claim for your injury and pain and suffering. The insurance company probably offered you the ,000 because they have medical payments coverage on their insurance policy. "Medpay" is coverage that will reimburse people that get injured on the property for out of pocket medical expenses. You need to get a copy of the property manager's insurance policy to see whether they have medpay, and if so, what are the medpay policy limits.
You also can make a claim in Florida for the injury itself. Claims in a Florida slip and fall injury are evaluated based upon the degree of liability that exists against the property manager, the specific nature of the injury, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future. Lost wages and loss of future earning capacity can also be recovered in Florida.
Keep in mind, at least in Florida, just because a person falls on a property, it does not automatically mean the property owner or manager is responsible for injuries which result from the fall. You have to be able to prove that the property manager knew or should have known of the dangerous condition that caused the fall, i.e. "subsurface defects which caused rippling", or that they failed to maintain the tennis courts in a reasonably safe condition. Generally, a property owner or property manager only owes two duties to persons lawfully on the property - to maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves. It sounds like you may have enough documentation to prove that the management company knew or should have known of the court defects.
One issue you are going to have to deal with if you make a claim is whether you also knew about the court defect. If you knew about it, and you continued to play despite the defect, a jury can hold you responsible for your accident. In a Florida slip and fall injury case, this is known as comparative negligence, and a jury can divide the liability between you and the property manager, i.e. property manager is 70% liable and you are 30%, or vice versa, or any combination as long as it adds up to 100%.
The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. trip and fall. The attorney can advise you what the law is in your area for trip and fall accidents such as yours. Many attorneys say they do "personal injury" claims, but after asking around, you'll find they take anything that walks in the door. Ask how many claims like yours they have handled. Ask them if they have tried any cases like yours. If the courts are owned by a large development, maybe there have been other claims against the company for the same problem.
You should contact an attorney soon. There are many steps your attorney should take now, i.e. notify the insurance company for the property manager, find out what types of coverage are available. Hopefully, you took photographs before the courts were resurfaced. There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long. Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and most offer a free, no-obligation consultation to discuss whether you have a viable case.
If you are in Florida, I would be interested in speaking to you further about your claim.
For more information about a Florida slip and fall injury, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 15 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
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