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What are my Rights if I was Injured in a Store

injured at storeYou were traveling to the store after a long day’s work; you’re hungrier than usual and you’ve got some pep in your step. You excitedly rush to the ice cream aisle and pick up a pint of your favorite flavor. After a quick rundown of your short grocery list, you’re sure you haven’t forgotten anything. Your loved one calls you on your cell phone asking “Honey, where are you?” and before you can answer; *Whoop!*, you slip on the wet tiled floor and watch as everything you had in your shopping basket explodes violently all over the floor. The phone call you were just participating in has ended because your phone is now in 15 pieces, and worst of all; 30 seconds after the initial impact, you begin experiencing a sharp pain in your back. Believe it or not, the suffering may have just begun.

What Can I Do After the Injury? 

First things first, you must decide if you’re going to take legal action. If you’ve gone as far as to search for an answer then you’ve probably considered it.

I don’t necessarily seek compensation from the organization: This is a generous path to take. Accidents DO happen and it’s common for individuals to sue just because they can; not because they really need the financial assistance for treatment of serious injuries. It wouldn’t hurt to try getting in touch with the person responsible for the premises and seeing if you can work something out on a personal level if you need help.

I am seeking compensation from the organization: Organizations become greatly experienced in the practice of law. They can’t grow to become a successful organization if they aren’t making money, and they can’t make any money if they have to spend it all paying off lawsuits. With that said, you need to be ready for a drawn-out battle and you’ll need some good defense to back up your claims.

There are a lot of factors which may nullify your claim, such as the direct or passive warning of possible risk. By participating in an activity which could cause harm AFTER being warned of the possibility of injury, you’re taking an assumption of risk and essentially waiving your tort legal rights. If they failed to warn you about something they knew about which could be dangerous—a slippery floor without a nearby “Wet Floor” sign, for example—they can be sued under failure to meet their “duty to warn” standards.

(Note: These factors are plentiful and the best way to gain knowledge in the area is to speak to someone who excels in the study of it—and experienced premises liability attorney.)

What Kinds of Injuries Can I Sue For?

There’s no specific “limit” to the types of injuries that must be sustained to have a winning case, but here are some common examples of injuries you may are/were suffering from.
  • Slip and Fall: Whether it be from a slick floor, a steep stair step, an uneven walking surface, or anything like that; the lack of safety has caused you to slip and fall.
  • Furnishing/Equipment/Appliance Accidents: Accidents that occur from faulty, defective, broken, etc., equipment that you were not warned about. For example; if you take a product off of a shelf in a store and the shelf collapses onto you.
  • Dog Bites: If you were an attendee at a property and a dog attacked you.
  • Rape and/or Assault: Situations that could have been prevented if the property owner took proper security measures.
  • Swimming Pool Accidents: If the pool had a jagged floor and you cut your foot open, for example, due to the property owner’s lack of inspection for hazards.
  • Amusement Park Accidents: Unsafe rides and attractions that lead to injury or even death. Don’t think that just because they had a sign or warning that you’re completely unable to fight back; you may still have a strong case.
  • Elevator/Escalator Accidents: This could be a double case here with both the property owner and the elevator manufacturer being responsible.
Keep in mind that these injuries are not limited to a STORE specifically. It’s a relatively complex system that places the victim under a certain title while attending the premises. When on someone else’s property, you’ll be considered either:

An invitee: Someone who has been passively allowed inside the premises to conduct business. This ranges from going to buy a t-shirt from a clothing store to conducting paid physical labor to a private property (like mowing the lawn).  The store example given at the beginning of this article makes you an invitee because the property owner expects and wants public customers to come inside. This is the most common type of premises liability case and businesses can be held accountable for any injuries receiving from dangers that they knew about or should have known about via proper inspection.

A licensee: This is an attendee who is there strictly for personal purposes; hanging out at friend’s house, going to a dog park, etc. and does not plan on receiving or giving any services through or for a business. Since being a licensee usually means you’re a guest at a friend’s house or free public areas, the expectations are lowered quite a bit. Licensees can only hold property owners liable for dangers that the property owner knew about and failed to warn the licensee about.

Or a trespasser: This is an individual who did not either a direct or implied form of invitation onto a premises but proceeds onto the private property anyway. Although property owners are not able to purposely withhold information—in the event that they’re aware of their presence—or harm these trespassers with traps or physical attacks (unless in self defense), they are extraordinarily less obligated to protect them than the other 2 attendees.

Will I Be Able to Financially Recover?

After being injured in a premise liability case and requiring medical attention, surgery, treatment, or anything of the like, you’ll be stuck with a whole lot of bills that will need paying. Before you can even consider starting a case, it’s best to be prepared for the road ahead. You’re going to need a lot of proof to win cases like these because big companies take big steps towards defending themselves in court with signs, waivers, etc. In the event that you win the case and the final judgment is in your favor, the winnings can be used towards things such as:
  • Medical Bills: General medical bills that are the result of the injuries sustained.
  • Lost Wages: These can be racked up from time you weren’t able to work. This can happen if you’re required to stay in the hospital or you simply don’t feel fit enough to go into work. Wages that you will no longer be able to obtain in the future due to certain injuries hindering your ability to continue your career can also be compensated as well, giving you plenty of time to find another career to make up for you loss.
  • Pain and Suffering: Believe it or not, you can be compensated for physical or emotional loss which resulting due to the injury. The methods of compensation for this are usually determined by a jury and will change from person to person.
  • Wrongful Death: This would occur if a loved one has died due in a premises liability case. The family would could be compensated for all of the above; pain and suffering being the family’s physical or emotion loss, and lost wages being those which would have been coming in from the deceased’s income to be used towards the family’s well being.

Dolman Law GroupCONTACT OUR CLEARWATER & TAMPA BAY AREA Practice Area ATTORNEYS

Here in Clearwater, Florida where Dolman Law Group operates, we fight to ensure fair treatment to victims in premises liability cases. It’s the property owner’s responsibility to make sure that—in the event of inviting welcomed guest into his or her property—the premises is safe for the levels of activity that will be acted out. It’s unreasonable for a reputable company to fail at setting up a simple “Wet Floor” sign after mopping the floors. It’s unreasonable for a friend of yours to fail to mention that the chair you’re about to sit down on is broken.

Accidents do happen and we understand that, but if you’re being denied assistance by the people responsible for these painful injuries you may need someone by your side who knows exactly how to deal with stressful situations like these. If you or a loved one has been injured on someone’s property due to their negligence or lack of care, contact Dolman Law Group today for a free case evaluation and consultation. You may be eligible for the compensation you deserve.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

Contact us with our Online Form 

Practice Area: 
Premises Liability

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Scooter Crash in Florida; Driver Killed

scooterA shocking rear end accident involving three vehicles left one dead and two in shock. EMS units were not able to maintain the little life the victim had left in her after the accident.

51-year-old Marion Rose Harvey was riding her motorized scooter down 34th street at 7:20PM in Gainesville, Florida. She was travelling northbound on the roadway when she stopped for the traffic ahead. She eagerly awaited the traffic progression upon the crest of a small hill behind a pickup truck. The truck, a GMC Sierra, was driven by 20-year-old Jared Waite Jerrels.

Rachel Louise Crow, 31, was traveling north in her Toyota Camry unaware of the impeding traffic jam. She ascended the small hill at what’s said to be ‘legal speeds’ and was surprised by the sudden sight of vehicles. She rear ended Harvey—the scooter operator—and the scene took a turn for the worst.

Are Dangerous Roadways to Blame?

34th street is a very busy street in Gainesville. Being home to a 1,120ft wall replete with paintings, art, messages, and other community-decorated designs and graffiti, this street is also prone to distracted drivers. It’s marked with 35-MPH signs in both north and southbound directions and given the lack of speed enforcements in most areas of the world, drivers are expected to break that limit on a daily basis.

A user by the name of Austin—who is also a resident of the neighborhood in which this accident took place—posted a comment on a social media post regarding this crash stating that

The combination of not being able to see over the hill, a reduction in lanes, a close traffic light, and the distraction of the painted wall is asking for tragedy.”

Stopping distance is a big factor in this accident. Your speed, reaction time (or lack thereof), the car’s braking ability, and weather conditions will all play a factor in how long it takes for you to come to a complete stop. According to this useful article about stopping distance, you could easily drive another 80ft before coming to a complete stop when travelling at a measly 25MPH!

There’s Little Margin for Error

Assuming that Rachel Crow—the driver of the Camry—was driving even at a comfortable speed of 30MPH in a 35MPH limit zone in perfect weather conditions with stellar reaction time, she’d still travel at LEAST 30ft before coming to a stop. If we consider that she slowed down considerably when approaching the hill—perhaps down to 15MPH—she’s still expecting to travel 5, 10, maybe even 20ft before stopping completely.

She reached the top of the hill and—when she processed what she was seeing—slammed on the brakes to attempt a stop. The front of her Toyota Camry nearly touched the back of the GMC Sierra that was in front of Harvey. Sadly, Harvey was in between the two. Sandwiched by two vehicles and likely pinned down on the road by her heavy scooter, Harvey was in seriously critical condition.

After being rushed to the hospital, doctors—despite their best efforts—were unable to help Harvey. Even with the extensive treatment and procedures that were performed, she was pronounced dead in UF Health Shands Hospital.

Contact Clearwater Personal Injury Attorneys

Been injured in an accident? For safe driving information or to learn your rights regarding to personal injury in Florida, speak with an experienced personal injury, wrongful death, and automobile accident attorney located in Clearwater, FL. Dolman Law Group will answer your questions and offer a free consultation and case evaluation. Don’t hesitate to contact us today; whether big or small, we want to hear about your accident.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

Contact us with our Online Form 

Practice Area: 
Personal Injury

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Product Recalls of the Week October 13th – 17th

In this week’s product recalls we see some items ranging from children’s toys to off-road buggies, all the way to anchovies. Product recalls are an important topic to be aware of and it’s always recommended to return the product—usually free of charge—to the manufacturer to prevent harm or death to you or a loved one. Here are some of this week’s product recalls that you should keep an eye out for.

Consumer Products

    folding table recall
  • Michael’s’Ashland Summer Living” vintage wood folding table due to a week table leg latch which become unsecured and cause the table to collapse posing an increased risk for personal injury. These products will have a serial number of SKU 309950 and UPC 886946388804.
  • Toys R Us’Just Like Home” toy toaster sets for kids due to the chance of the plastic toast cracking and creating small plastic shards which be handled by the child posing a choking hazard. These products will have a serial number of 5F60589.

Motor Vehicles

  • Subaru’sOutback” vehicles due to over-tightened mounting nuts on the trailer hitch which may break and cause the trailer to disconnect posing an increased risk of crash. These products will have been manufactured between Jan. 22, 2014 and Aug. 18, 2014.
  • Honda’sPioneer 700” recreational off-highway vehicles due to the collection of vegetation and debris accumulating inside the vehicle which may heat up from the exhaust system posing the risk of fire and bodily harm. These products will have been manufactured between Aug. 2013 and Sept. 2014 and the item will have a serial numbers including (All begin with 1HF) VE0225E4000006 to VE022XE4006304.
  • Nissan‘sAltima” vehicles due to the hood latch which may corrode and become unlatched while driving posing an increased risk of crashing. These products will have been manufactured between Mar. 6, 2012 and Feb. 28, 2013.

Foods, Medicines, and Cosmetics

  • Sam Kane Beef Processors’ground beef” due to possible foreign matter contamination which cause illness posing a serious health threat to the consumer. These products will be dated between Sept. 9, 2014 and Sept. 18, 2014 and the item will have a USDA Mark of Inspection number of 337.
  • Lotte’swaffles” due to an undeclared egg ingredient which may be consumed by an allergic consumer posing the risk of an allergic reaction. These products will be dated between July 2014 and Sept. 2015 and the item will have a serial number/barcode of 8 801062 518111 or 8 801062 518135 and will include the 1.41oz (40g) and 5.64oz (160g) packages.
  • Maspeth’sJinga” pan fried anchovies due to contamination with Listeria Monocytogene which may infect consumers posing a serious health threat to those with weaker immune systems. These products will have an expiration date of Aug. 28th, 2014 and will include the 2oz and 4oz packages.
 

Dolman Law Group

 

CONTACT OUR CLEARWATER & TAMPA BAY AREA Practice Area ATTORNEYS

  Companies—although highly aimed towards profit—usually do enjoy it when consumers appreciate their products.  It goes without saying that both consumers and manufacturers can be shocked when something goes horribly wrong during product use or consumption. Although the damage was never intended, it shouldn’t mean that a victim of poor product care should go unnoticed or reimbursed. If you or someone you know has suffered in any way through consumption or use of a product—even if the product was recalled—you still may be eligible for compensation. Don’t accept a settlement that a company offers you to “hush”. Speak with an experienced product liability attorney today for a free consultation and case evaluation.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

Contact us with our Online Form

Practice Area: 
Product Liability
Reference: 
Recalls.Gov
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Should I stay at the Scene if I witnessed a car accident?


Car Crash WitnessSo you’re on your way to work and you see someone who is clearly in more of a rush than you. They speed past you, leaving you in the dust, and you mumble something rude under your breath. Moments later, that same car is involved in a sudden accident just a short distance down the road. You’re shocked, but you recall what the driver just did to you 30 seconds ago, so with a grin on your face, you drive by the accident thinking he got what he deserved; little did you know that man was speeding to the hospital in an emergency when someone got in his path. You’ve witnessed the accident; what do you do now?

…and you left the scene?!


Don’t panic; you are not legally obligated to stay at the scene if you simply witnessed it; however, it’s the right thing to do. The people involved may need support from a witness like you in the future. It’s also highly recommended to stay if there weren’t many other people around. The victims may be too injured to dial 9-1-1 and if the only witness (you) leaves, the victims could be in trouble. It’s not expected for one person to change their entire schedule because of an accident they weren’t involved in, but if it happens in the future and you have a minute to spare; your support could be beneficial.

…or maybe you stayed!


So you made a generous decision and stuck around. There are some things you need to know to avoid getting injured yourself if you’re going to stay and help the victims.

Continue driving safely until you can find an area to park and exit your vehicle. Don’t cause another accident trying to help victims of the first one.

• As soon as you’re in a safe area, call 9-1-1 and report the accident.

• While emergency services are on their way, you can choose to approach the accident scene. Approach with caution—keeping an eye out for distracted drivers—and keep to the sidewalk if available.

• At the scene, try to immediately find out if everyone’s okay; don’t be a hero though! Unless you’re an experienced medical physician, it’s risky and usually a poor choice to attempt giving medical attention to these victims. If it’s something you know you can handle there’s no problem offering a helping hand, but be careful; you don’t want to end up in a civil liability case.

• If the victims are in shock, attempt to calm them down with words; try to figure out what happened; you’re now the primary witness. Ask everyone for a rundown and you should have a nice summary for authorities.

Wrapping Up


Automobile accidents can be just as scary to witness as they are to be a part of. It’s about how the situation is handled afterwards that will determine how it affects the victims in the future. If you or someone you know has been injured in a car accident due to someone else’s negligence, you may be entitled to compensation. At the Clearwater based Dolman Law Group, we strive to ease the pressure placed on victims and offer a completely free consultation and case evaluation. Don’t hesitate to contact Dolman Law Group today to discuss your rights and options.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

Contact us with our Online Form

Practice Area: 
http://www.dolmanlaw.com/practice-area/automobile-accidents/

Reference: 
http://hensleylegal.com/faq/car-accident/stop-witness-car-accident-stop-help/

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PIP Claim Denied In Florida?


PIP SuitPIP, or personal injury protection, is a portion of auto insurance coverage that is mandatory (as is bodily injury insurance) in the state of Florida. After an accident, this provision of your policy provides up to $10,000 in coverage for medical expenses, lost wages, etc., regardless of who was at fault and, under certain circumstances, you could be eligible for the full $10,000. Sometimes, insurance carriers will find a legitimate reason to deny payment to your medical providers; at this point you could have already received treatment, racked up bills, and been released. It’s important to start questioning everyone in a timely manner to ensure you’re not left with the bills.

Was It Reasonably Denied?


There are a countless number of reasons an insurance provider could deny payment so it’s crucial that you’re constantly asking for updates or reasons. It’s no secret that insurance providers need their profit. If they’re constantly paying out $10,000 to customers they’ll eventually run out of money, so sneaky denials, lies, and misinformation leads to tons of customers getting shorted.

It’s all too often an insured patient simply gives up the battle with the insurance provider and takes the bills into his or her own hands. This is an unfortunate situation, so in an effort to prevent this from happening, take a look at some of these reasons PIP coverage could be denied.

Note: Insurance providers are allotted 30 days to pay after a claim is made. Timely billing and payment is important and in some cases you may be eligible for compensation. 

No coverage for that type of injury.
It could be stated in your policy that your provider doesn’t cover certain types of injuries. This is unique case; speak with a personal injury protection attorney.

You have no insurance coverage.
Has your coverage lapsed? Did you forget to pay your premium this month? If the accident happened BEFORE the lapse and your coverage lapsed during treatment, you will be able to pay your premium and still get coverage. 

The injuries received exceed the $10,000 limit.
This is absolutely no reason for denial. They should pay their $10,000 portion and the rest is to be billed to you, the patient. If they refuse to pay their portion, speak with a PIP attorney immediately. 

What Can You Do Next?


Once you declare the denial just or unjust, your must figure out steps to take next. If they had good reason to deny your claim, it’s always best to try and fix the issue; work it out with your provider and see if something can be done. If you were wrongly denied and don’t know what to do next, it’s unquestionably beneficial to contact an attorney to assist you in the matter. Even if you just need help filing a PIP claim, an experienced personal injury protection attorney can help make sure everything goes smoothly. If you feel victim to unfair insurance provider treatment don’t go unheard.

Dolman Law Group


CONTACT OUR CLEARWATER & TAMPA BAY AREA PERSONAL INJURY PROTECTION ATTORNEYS 

In Clearwater, Florida—where the Dolman Law Group resides—we’ve been able to successfully fight for the coverage that the insured patients of these accidents deserve. If you’ve been in an accident in Florida and you’re being denied PIP coverage for any reason at all, it’s a great choice to ask one of our experienced PIP attorneys about the situation—even if you think it was a reasonable denial. We’ll fight to achieve the highest payout for our clients and ensure a stress-free treatment for you or your loved one. Don’t hesitate to contact us today for a free case evaluation and consultation; you’ve got nothing to lose!

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900

Contact us with our Online Form

Practice Area: 
Personal Injury Protection
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