Ice cream is can be fun—but not when it causes serious injuries.
When a Presidente supermarket in Hialeah failed to clean up melted ice cream from their floor, it caused our client to fall and sustain multiple injuries. But the defense didn't want to admit that our client's slip and fall was real.
Like many surveillance videos, the camera quality was not clear, and it was difficult for the jury to see any details. So we turned to technology to show the jury where and how it happened. We used video stills to retrace her steps and show our client's exact path.
After that, the jury couldn't deny the truth. “They saw it with their own eyes,” said attorney Miriam Fresco Agrait.
The jury determined the supermarket was 100% liable and found our client's damages totaled over $500,000.
"After a long battle, nothing can describe the amazing feeling when the verdict is read, and the jury gets it right. When big corporations fail to provide a safe environment, they need to be held responsible. It's a privilege to fight those corporations and get justice for my clients," said Miriam.
Should you slip, trip or fall in a store, here’s what you need to know
Public places such as supermarkets, shopping malls or restaurants all have a legal duty to maintain their premises and keep them safe from any foreseeable harm. Premise negligence can come in the forms: disrepairs, wet floors, poor lighting causing reduced visibility, lack of proper warning or other unsafe conditions that management or staff should reasonably know. Negligence is failing to use reasonable care.
Do you know what to do or what evidence you need if you slip or trip and fall? Here are some things to keep in mind:
- Don’t assume guilt, apologize, or downplay the situation. Even if you don’t realize it at first, premise negligence may have caused your accident.
- Get immediate medical attention as necessary. Calling paramedics for serious injury or visiting your doctor following the incident will ensure you receive the proper care you need and will build your case. The sooner the better.
- Get contact information from witnesses—including first and last name, phone numbers, and email addresses.
- Ask to see the manager or head supervisor of the location to report the incident. Ask the manager to file an incident report. Keep the written report for your records.
- Keep your receipt if you made a purchase in the store where the incident occurred.
- Use your cell phone to take photos of your injury, the accident area, and its surroundings from both a close-up angle and from further away—every bit of evidence helps, and cell phone photos are time-stamped as further proof.
- As much as possible, stay off social media. As tempting as it may be to share about your recent mishap, the defendant could use anything you post against you. Resist publicizing your impending case and avoid posting anything that could disprove your condition.
- Seek legal help first before making any statements, accepting any settlement offer, or signing any documents or medical releases from the insurance company. Insurance company adjusters may try to limit your compensation. Refer all questions to your attorney.
- Document everything. You must be able to prove that negligence caused your accident.
Slip and fall injuries can be worse than initially suspected and symptoms can sometimes appear days or even weeks later. Don’t let inexperience complicate matters for you or your loved one. Your best bet is to learn your legal rights and share this information with those you care about.
After an accident, you’ll need to focus on getting better, so we’ll handle the rest. With our resources and experience, we can help you identify the defendants, document damages, gather and preserve evidence, deal with paperwork, and build your case to show how and why the defendant was negligent.
If you’ve been seriously injured because of a slip and fall or trip and fall, call us to help. Contact Rubenstein Law injury lawyers at 1-800-FL-LEGAL. We are here 24/7, nights and weekends.