A Miami, Florida, woman was assigned 90 percent of the blame in a slip-and-fall lawsuit filed against Target Corp. in January 2014.
Elvia Hernandez claimed she fell at a Target store in Miami after slipping on a “liquid or other similar foreign substance on the floor of the main aisle,” according to court documents. The lawsuit was filed in the U.S. District Court for the Southern District of Florida.
In its July 20 verdict, a Florida jury found Target’s negligence to be a 10 percent factor in the 2012 accident. Hernandez had incurred a total of $120,000 in damages for past medical expenses, pain and suffering. However, Target was required to pay her only $12,000, which is significantly less than the retailer’s earlier settlement proposal of $100,000.
Find a Personal Injury Lawyer, Near Me
(855) 529-0269Target argued that it did not cause the spill or know about it until Hernandez’s accident. The retailer claimed that she had failed to prove liability on Target’s part. In its filing, Target said, “The plaintiff did not know who caused the spill, how the spill occurred, where it came from, when it occurred, and she had no reason to believe someone from Target caused the spill.” It also said there was no evidence that the spill was present long enough for an employee to have found it.
Florida’s pure comparative negligence law stipulates that the damages a plaintiff receives are reduced by the percentage that they are determined to be careless or at fault for their own injury.
It is important to note that determining fault in slip-and-fall cases can be more complicated than it might seem. If you were injured and you believe someone else is fully or partially to blame, contact Chalik & Chalik to learn more about your rights.
Call or text Chalik & Chalik
(855) 529-0269
How comparative negligence can affect a slip and fall lawsuit in Florida If a dangerous condition on someone else’s property caused you to slip and fall, you may be able to obtain compensation for your injuries through a lawsuit. Many people in this situation wonder whether they are still entitled to compensation even if they were partly at fault for their own injury. A slip and fall...
Slip and Fall Accident Injuries to Joints As Fort Myers personal injury attorneys, we have represented victims of premises liability accidents in Florida for a number of injuries. While head injuries can be some of the most serious injuries that victims of falls may suffer from, joint injuries are often the most common. Shoulder injuries from slip and fall accidents in South...
Common Places Slip and Fall Accidents Occur Fall accidents send roughly 8.9 million people to the emergency room each year, according to the National Safety Council (NSC). As one of the leading causes of unintentional injuries, it’s important for everyone to know where the dangers lie and take the simple yet necessary precautions to prevent injuries. Common Places for Slip and Fall...
Palm Beach County plans health fairs to reduce slip and fall accidents In an effort to tackle the large number of slip and fall accidents reported in Palm Beach County, Florida, officials announced three senior health fairs in January. Palm Beach County Fire Rescue said 87 percent of the 911 calls they received in 2015 were regarding medical emergencies. The most common calls they responded to involved...
What a Slip and Fall Victim Can Do to Protect His or Her Rights In order to protect your rights after a slip and fall accident, you should: First seek immediate medical attention Report the fall to the management of the business establishment Contact the police Take photographs of the accident scene, if possible Obtain witness contact information Write down your experience of the accident A slip and fall...
Can I Sue For Slip and Fall? If you have been injured in a slip and fall accident in Florida that was the result of someone else’s careless or intentional mistakes, you could be entitled to compensation for your losses. Do not wait to contact our offices and discuss your options. Call Chalik & Chalik Injury Lawyers today at (855) 529-0269 for...
How to Sue Walmart if I’m Injured in a Slip and Fall Suing Walmart for a slip and fall injury is a complex process that involves gathering evidence of negligence and liability, negotiating with Walmart’s liability insurance provider, meeting the personal injury lawsuit statute of limitations, and potentially defending your claim in court. While you can take on the challenge of suing Walmart after a slip and...
Is Pain and Suffering Separate from Medical Bills? The cost of your medical bills and the financial value of your pain and suffering are two separate parts of an insurance claim or personal injury lawsuit. If you are injured in a car crash, trip and fall accident, or any other type of accident, you can collect compensation from the person responsible for the...