Can I sue for slip and fall?
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Can I sue for slip and fall?
Was assaulted by a security officer at
Mary brickell village mall in the
parking garage. Took the stairs to get
away from him and I went down a flight
of stairs and fractured my orbital bone
due to a huge puddle of urine not being
Asked on April 22, 2018 under Personal Injury, Florida
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Prior to filing a lawsuit against the mall based on premises liability in the slip and fall case, it may be possible to settle the case with the mall's insurance carrier.
Notify the mall and its insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the mall's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the slip and fall case is settled with the mall's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the mall's insurance carrier, reject the settlement offers and file a lawsuit based on premises liability against the mall.
If the case is NOT settled, your lawsuit against the mall must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
As for the assault by the security officer, you can sue him for assault and battery. You can also file criminal charges for assault and battery. The criminal and civil cases proceed independently of each other.
An employer is liable for the negligence of an employee which occurs in the course and scope of employment. Since assault and battery are intentional (not negligent) acts, the mall might claim that it is not liable for the assault by the security officer; however, you could still pursue a claim against the mall for negligent hiring of that security officer.
In your lawsuit against the security officer for assault and battery, you can seek punitive damages which are a substantial amount to punish his wrongful acts.
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