Florida Slip And Fall Cases: New Burden Of Proof

Until recently, slip and fall law in Florida was somewhat favorable to injured plaintiffs. In the case of Owens v. Publix Supermarkets, 802 So.2d 315 (2001), the Florida Supreme Court set the previous standard for proving slip and fall accidents involving transitory substances on floors. The rule stated by the Owens Court was that “the existence of a foreign substance on the floor of a business premises that causes a customer to fall and be injured is not a safe condition and the existence of that unsafe condition creates a rebuttable presumption that the premises owner did not maintain the premises in a reasonably safe condition.” This effectively eliminated the need for a plaintiff to show that the property owner was aware that the substance was on the floor and failed to clean it up.

This is about to change. Governor Christ recently signed HB 689, which becomes effective July 1, 2010 as Florida Statute 768.0755. The new statute effectively overturns the Owens decision. Now an injured plaintiff will have to prove that something was on the floor that caused the fall, and that the property owner knew or should have known it was there and failed to take the necessary action to clean it up. This is certainly a much higher burden for slip and fall victims.

Although the law becomes effective July 1, 2010, there is some question as to whether it will impact injuries that occurred before the effective date of the law. In most situations, laws may only operate prospectively to affect incidents that occur after the effective date. There are, however, many instances when a law can directly impact cases arising before the law if effective. Certainly defense attorneys hired by the property owners will argue that the new law should be applied to cases filed after July 1, even if the fall was much earlier. These issues require careful analysis of complex areas of the law. If you have been injured in a slip and fall accident, but have not yet filed suit, you should speak with an experienced personal attorney to determine how the new law will affect your case.

Stephen Lawler, Esq.
http://www.thelawlerfirm.com

No-Fault Benefits: Understanding PIP and Medpay Coverage (Florida)

In Florida, every driver is required by law to carry certain minimum insurance coverages, including personal injury protection (PIP). Regardless of whose fault an accident was, your own PIP insurance pays benefits to you. These benefits include eighty percent of reasonable and necessary medical expenses and sixty percent of lost wages. Florida's PIP laws are designed to ensure that each driver can obtain needed medical attention following an accident without suffering financial hardship.

Every driver can also purchase optional medical payments coverage (Medpay) from their insurance company. Medpay benefits pay the twenty percent of medical bills not payable by PIP, and typically one hundred percent of bills after PIP coverage has been completely used.

The statutes and regulations governing PIP are numerous and confusing. PIP laws govern who is entitled to PIP, including certain passengers and pedestrians, which doctors are eligible to receive payments from PIP, how much doctors can charge and be paid, and what you can do if you are in a dispute with your insurance company. These regulations can have major impacts on your treatment and your wallet. Some doctors may stop treating you if your insurance company fails to pay properly. In some situations, if your doctor fails to bill properly, not only won't your insurance pay – but you do not owe the bill either.

Many people believe that when they "purchase" PIP and Medpay coverages in certain amounts that they should be able to use all of it following a car accident. Realistically, you are covered "up to" the limits of the policy amounts subject to many terms and conditions of the statute and the policy itself. Most significantly, the medical treatment must be necessary and related to the car accident.

Often, an insurance company will have you examined by a doctor who will say the treatment is not necessary or not related to the accident. In that case, the insurance company will stop paying and you are responsible for any future bills – unless you take the appropriate steps to challenge the insurance company.

If you have been in an accident, you should speak to an experienced attorney with knowledge of PIP laws. Having a lawyer will place you on equal footing with your insurance company and ensure that you will get the benefits you paid for.

Stephen Lawler, Esq.
http://www.thelawlerfirm.com