UPCOMING LOCAL COMMUNITY EVENTS

May 9, 2009     2:00 p.m.
Mother’s Day Tea
Museum of Science and Industry
4801 East Fowler Avenue
Tampa, FL 33617

May 15-16, 2009 1:00 p.m.
Tampa Bay Wine & Food Festival
The Don CeSar Beach Resort
3400 Gulf Blvd.
St. Pete Beach, FL 33706
 

May 16-17, 2009 8:30 a.m.
Easter Seals Walk With Me
Al Lopez Park
4810 N. Himes Avenue
Tampa, FL 33614
 

May 24, 2009    2:00 p.m.
Oz with Orchestra: The Wizard of Oz
400 First Street South
St. Petersburg, FL 33701

 

Mention this ad at International House of Pancakes, located at 802 S. Dale Mabry Highway, Tampa, FL 33609 and receive 10% off your next visit. 

SLIP AND FALL ACCIDENTS

Slip and fall accidents are the number one cause of injury at retail businesses.  In fact, according to the National Safety Council, they are also the largest cause of Emergency Room visits in the United States. The injuries range from minor sprains, broken bones, head trauma, and even death.  In fact, over 20,000 deaths occur each year from slip and fall accidents.

In an attempt to reduce the injuries caused by slip and falls, the law places legal obligations on business owners to try to eliminate dangerous conditions on their property.  The obligation, or duty as it is described in the law, has two components.  The first is a duty to use reasonable care to maintain the property in a reasonably safe condition and the second is a duty to warn of dangers which the landowner knew or should have known about.  When a business owner fails in this obligation, or as described in the law, breaches their duty, they are responsible for the injuries caused to their patrons.   This does not mean, however, that the business owner is responsible for all injuries caused by the dangerous condition.  If the business owner acted reasonably, they are not responsible when someone is injured on their property.  Ultimately, a jury decides if the business owner acted reasonably.

Slip and fall accidents occur for a number of reasons.  The most common causes are Slippery floor surfaces; rain; spilled liquids; uneven sidewalks, potholes; poor lighting, poorly constructed stairways, unbalanced flooring, and obstructions on the floor or walkway.   A reasonable business that is trying to fulfill its duty should put a plan in place to look for these dangerous conditions and fix them when they are found.  In addition, the business should put up warning signs when they are in the process of fixing the problem.  If a business owner does these things, it is unlikely that a jury would hold them responsible if someone is injured.

BLOG

Distasio Law Firm publishes a blog article on the internet 2 to 3 times per month.  Our Blogs can be found at: http://www.tampainjurylawblog.com/.    To subscribe to our Blog, go to our website: http://www.DistasioLawFirm.com, go to the website home page; scroll down the right hand side to the subscribe section; click on the news feed that is most compatible with your computer; and follow the news feed directions.  Blog articles will then be sent directly to your computer as they are published.

Below is the highlighted Blog for this month.

Personal Injury Attorneys Reduce the Cost of Medicare and Medicaid

Tort reformers often claim that personal injury lawsuits are a drain on the economy. In order to support their inaccurate claims, they point to what they perceive are the negative effects on the economy. However, they purposely leave out all the positive effects. To make matters worse, the media often publishes these bogus tort reform propaganda studies without analyzing the data to ensure the conclusions are accurate. The result is a misinformed public that actively supports limiting personal injury lawsuits that are actually beneficial to society as a whole.

For example, a previous post discussed the fact that contrary to public opinion, personal injury claims actually reduce the cost of health care because successful personal injury victims must pay back health insurance companies that paid for care caused by the negligent party. Another previous post discussed the fact that personal injury claims often act as a vehicle to provide health care to an uninsured person injured as a result of someone else's negligence. The public benefits because the care is paid for by the negligent wrongdoer instead of Medicaid.

Successful personal injury claims also benefit society when the injured person receives medical care through a public program like Medicare or Medicaid. Society benefits because the injured person is required to use part of the funds received from the negligent party to pay back Medicare and Medicaid for the care they received. The money flowing back to these government programs helps reduce their costs.

The result is same whether the claim involves an auto accident, a medical malpractice case, wrongful death, or a slip and fall. No matter what type of personal injury claim is made, the personal injury lawyer actually acts as the government's collection attorney. In fact, a lawyer that either fails to notify the government of its right to receive the money or fails to ensure the money is returned to the government can be prosecuted criminally.

 

THE FIRM

Distasio Law Firm is a Tampa based personal injury law firm that handles cases throughout the state of Florida.  We welcome referrals from clients, family and friends of clients and from other lawyers.  We handle most types of personal injury cases including auto accidents, slip and falls, medication errors, product liability, nursing home abuse, and medical malpractice.