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Lorens35
Lorens35,
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My daughter had a fall in kissimee while on vacation she

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Hi there my daughter had a fall in kissimee while on vacation she broke her collar bone. The road in particular had no markings, lighting and had plenty of potholes in the road. I tried getting advice from morgan and morgan and they said we had no case. but i strongly believe we do and would like advise
JA: What state are you in? It matters because laws vary by location.
Customer: We live in Dublin Ireland but accident happened in Paradise palm Kissimee
JA: Has anything been filed or reported?
Customer: i reported it to morgan and morgan last month and have all emails but they said we had no case. But i know we do as the road is dangerous and not eligible for people to be walking on
JA: Anything else you want the Expert to know before I connect you?
Customer: No just the information i gave already i have plenty of pictures videos everything to prove all
Customer: replied 15 days ago.
I have a file of pictures with area marked i think they sent
Customer: replied 15 days ago.
Thank you i have more pictures too but hopefully you have enough information. I also have the medical records from orlando health
Customer: replied 15 days ago.
I have the video but cannot upload it
Customer: replied 15 days ago.
Am i going to get a response? It says 8 mins but i am waiting 30 minutes now?
Customer: replied 15 days ago.
Will i get an answer today?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

Thank you for using JA. I am Loren, a Florida licensed attorney for over 35 yrs., and I am here to help you find an answer to your question.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

 

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

 

You do not need to tell me you do not want a phone call or that email is fine. I will not call you, and you will not be charged any additional fee for a phone call, unless you make that specific request.

The owner of the property is liable for your daughter's injuries if she fell due to their failure to take reasonable precaution to maintain the private road or repair or warn of known hazards.

So, in order to establish the owner's liability for your injuries you will need to be able to prove that she fell due to some defect, such as a hole or foreign object in the lot that they knew of or should of known about had they exercised reasonable care.

While you can pursue this pro se, it is strongly recommended you retain an attorney to represent you. I know one firm has declined, but there are a lot of attorneys out there to call. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Did you have further questions about this? Have I answered your question? Since your satisfaction with my service is important to me, please let me know.

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Customer: replied 10 days ago.
Thank you I dont think the road was the issue as in pathway it's no lightning nor path is my issue?

You would want your attorney to check the records if this has been an ongoing problem for other guests. In other words, were there other injuries? Were they on notice of the peril, and they did not warn or repair?

 

Please remember to click on the rating stars at the top or bottom of the page. It is the only way JA registers your rating and credits me for assisting you.

See link on how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Thanks.

Customer: replied 10 days ago.
I dont know if this has been an issue to other guests. But in our eyes the road is unsafe for even walking as you can see in pictures no path no light. We dont have an attorney yet that's why I am asking here if it is a case. Personally I think it is but your help is appreciated
I appreciate that. To prevail in a claim your attorney would need to show that the owner knew or should have known that a hazardous condition existed, and that they failed to warn or remediate the condition. One way is to show that there have been other injuries due to the absence of a lighted path. Without proving they knew, or should have known, of the danger there is no liability under FL law.
The liability of the property owner is not a given and you or your attorney would need to do more research to see if there have been other incidents that would have out them on notice.
Customer: replied 9 days ago.
How would we find that out?

You would likely learn that in discovery after you file suit.

Customer: replied 9 days ago.
Well is that why we were told no from Morgan and Morgan?
It could be, I was not privy to the conversation, though. As I said, as is true in most “slip and fall” claims, it is not open and shut on the issue of liability and, maybe, they just did not want to make the extra effort.
Customer: replied 8 days ago.
What do you suggest or who to call to start a case? I would have no way of finding out if other people did this and suceeded

It is probably time to retain local counsel.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

 

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

 

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Also, The Florida Bar maintains an excellent online referral program:

 

https://lrs.floridabar.org/

 

Please remember to click on the rating stars at the top or bottom of the page. It is the only way JA registers your rating and credits me for assisting you.

See link on how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Thanks.

 

If I have answered your questions about this please remember to take a moment and rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

 

There is no additional charge to you for a 5 star rating of my service.

 

See link on how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Lorens35,
Category: US Law
Satisfied Customers: 47777
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