FAQ's: Your Questions Answered
I Called Attorney Dan Newlin after my car accident. Dan and his team provided five star service and five star results. Dan won my case and got me $300,000.00. Thanks Dan!
Calling Attorney Dan Newlin after my car crash was my best decision! In a matter of minutes after my call, Dan’s team started working on my case. Dan won my case and got me 40x more than the insurance company offered me: $500,000.00. Thanks Dan!
I was crashed into and my boyfriend said you have to call Attorney Dan Newlin. Calling Dan was my best decision. His team was fully bi-lingual and treated me like family. Dan won my case and got me $750,000.00. Gracias Dan!
$100 Million Verdict
Largest verdict ever in Orlando, FL.
While riding as a passenger in a van, attorney Dan Newlin’s client sustained a serious brain injury as a result of the careless conduct of another person. Judgement entered. Pending collection.
$24 Million Verdict
Won for Wrongful Death of Police Officer.
An off-duty police officer was gunned down and robbed at a local shopping center where we successfully proved there was inadequate security and lighting contributing to the robbery, shooting, and death. Judgement entered. Pending collection.
$6 Million
Won for Seriously Injured Child.
Senior Trial Attorney Dutch Anderson tried this case and prevailed for our client!
$5 Million
Won for Slip and Fall Victim.
Client of Dan Newlin Injury Attorneys fell as a result of a defective walkway, insurance co. denied responsibility, thankfully we won!
$4 Million
Won for Car Accident Victim.
Attorney Dan Newlin’s client was hit head on and sustained serious injuries.
$3.4 Million
Won for Motorcycle Accident Victim.
The insurance company initially offered nothing, saying the accident was our client’s fault, Dan Newlin Injury Attorneys prevailed!
$3.3 Million
Won for Medical Malpractice.
Attorney Dan Newlin’s client was given the inappropriate medication, which caused her to go into cardiac arrest, as a result, my client sustained a severe brain injury.
$2.2 Million
Won for Car Accident Victim.
Client of Dan Newlin Injury Attorneys was rear ended and sustained injuries requiring surgery.
$2.2 Million
Won for Family Hit by Semi Truck.
Attorney Dan Newlin’s client and her family were rear-ended by a semi and all sustained injuries, thankfully we won!
$2.2 Million
Won for Wrongful Death.
Wrongful Death of a father of two minor children. Insurance company’s top offer was $50,000.00 and argued our client was responsible for the accident. The jury disagreed.
$1.8 Million
Won for Car Accident Victim.
Client of Dan Newlin Injury Attorneys was t-boned and underwent a single level disc replacement surgery.
$1.5 Million
Won for Bicycle Accident.
Attorney Dan Newlin’s client was hit by a pick-up running a stop sign causing serious injuries.
$1.4 Million
Won for Truck Accident.
Client of Dan Newlin Injury Attorneys was hit by a speeding tractor trailer and as a result sustained life threatening injuries.
$1.25 Million
Won for Boating Accident Victim.
The insurance company initially offered only $300,000 saying it was client’s fault, we prevailed!
$1.25 Million
Won for Motorcycle Accident.
Attorney Dan Newlin’s client was driving his motorcycle obeying all traffic laws when a careless driver pulled directly into his path, my client sustained traumatic injuries.
$1 Million
Won for T-Bone Collision.
Client of Dan Newlin Injury Attorneys sustained a severely fractured hip requiring surgery when a careless driver pulled into the path of his mini-van.
FAQ's: Your Questions Answered
Slip and Fall FAQs
Whether or not a person can make a claim against a business establishment property owner for injuries sustained as the result of a slip and fall depends directly upon whether the property owner was negligent in maintaining a safe premise. The injured party has the burden of proving that there was a dangerous or hazardous condition existing on the premises, the property owner knew, or should have known, with reasonable inspection, that the condition existed and did nothing to keep the public at large safe from that condition. The question that arises is the criteria which business establishments are judged by in determining if they have made reasonable efforts in keeping their premises safe.
The Florida legislature answered that question when it enacted Florida Statutes 768.0755 “Premises liability for transitory foreign substances in a business establishment.” The statute holds that “If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”
Actual knowledge, obviously, is less difficult to prove. If a stack of soup cans collapsed onto a grocery store floor spilling cans all over the floor, and could be openly seen by all who are shopping, it would be difficult for a property owner to claim they did not have knowledge of the dangerous condition if someone was to trip on one of the cans. Constructive knowledge of dangerous conditions may not be that clear.
The statute allows for circumstantial evidence to show that the dangerous condition existed to establish constructive knowledge. Showing that the condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition, or the condition occurred with regularity and was therefore foreseeable would serve as such circumstantial knowledge. The primary factors in focus would be notice and time. If a customer in a paint store knocked a gallon of paint off a shelf in the back of the store, where no clerks were present, causing it to open and spill onto the floor and another customer slipped in the wet paint fifteen (15) seconds later the business could probably not be found liable for injuries to the second customer. If the same can of paint fell off the counter at the check-out register and remained on the floor for a minute, the business’ potential liability would be much different.
If you are injured from a slip and fall as the result of a dangerous condition while you are in a business establishment or another’s property, you may have a claim for that injury under Florida law. You should seek the advice of an experienced personal injury attorney right away. Dan Newlin Injury Attorneys has the experience, knowledge, and resources to help if you find yourself injured as the result of a fall on another’s property. Help is just a phone call away. Please call us at (407) 888-8000 and have an attorney give you the answers you need to all of your questions about slip and fall accidents. Do not go it alone, get advice from an experienced attorney. You will be glad you did.