CIVIL LITIGATION

Two Areas of the Law that Samole & Berger, P.A., concentrates in are Nursing Home Negligence and Slip and Fall Litigation.

Nursing Home Negligence:

In Florida, one of our greatest societal problems is the abuse of our elderly. The Florida Legislature, recognizing the problem, has enacted laws which make it possible for abused or neglected elderly persons to bring an action against their nursing homes. The Nursing Home Residents' Bill of Rights in Chapter 400 of the Florida Statutes, provides that each resident in a nursing home has the right to the following:

1. Reasonable access to health and legal services
2. To be transferred or discharged only for medical reasons
3. To be free from mental and physical abuse, corporal punishment, seclusion, and physical and chemical restraints
4. To be treated courteously, fairly, and with the fullest measure of dignity
5. Privacy
6. To receive adequate and appropriate health care

If someone you know has had any of these rights violated, contact Samole & Berger, P.A., so that we may take action immediately.

Slip and Fall:

One of the most common types of cases that comes into the firm occurs when a person slips or trips and falls on a perceived dangerous condition. In order to recover under these scenarios, a person must prove that the owner of the premises had actual or constructive notice of the dangerous condition which caused the injury. Put another way, the injured party must prove that the owner or operator of the premises had to either know of the dangerous condition, or should have known of the dangerous condition through the use of ordinary care. One of the most effective ways to prove that an owner or operator had constructive knowledge of a dangerous condition is to show that the condition had been present for such a long period of time that through the use of ordinary care, the owner should have recognized the condition and either remedied it prior to the injury or provided the injured party with a warning about the dangerous condition.

If you are injured in a slip and fall, the most important thing you can do is obtain pictures of the dangerous condition. If you do not obtain photos of the condition shortly after the incident, there is a strong likelihood that the owner will remedy the condition and proof of its dangerous qualities will be very difficult.

If you have any questions on this or any other area of the law, please CONTACT US, either by e-mail on this site or by phone. We at Samole & Berger, P.A. look forward to working with you.