True story: a few years ago, my mother-in-law was walking through one of
the malls downtown when she slipped on someone's spilled drink and
got a hairline fracture in her hip. Now my mother-in-law is a stubborn
old Italian woman, and she refused to sue because "it's not the
mall's fault, someone just spilled their drink."
She ended up paying several thousand dollars in medical bills to get a
pin put in her hip to hold it together. Now, she can afford it —
but that's not really the point, is it? The point is that legally,
the mall has an obligation to keep it's property clean and safe, and
they failed. Should my mother-in-law have been paying more attention and
avoided the spill? Likely, but the law doesn't put the onus on her
— the mall was in fact liable for her medical bills, and any personal
injury attorney in Orlando could have made them pay.
To see why, let's pretend that my mother-in-law was blind. Suddenly,
it makes sense: she couldn't have done anything on her own to avoid
the spill, and forcing her to pay her own medical bills is essentially
punishing her for her own disability. Under the law, we have to assume
that someone who managed to slip and fall was basically 'blind'
because perhaps they were oogling some sweet swag that a family member
pointed out, or maybe their cellphone had just rang and they were distracted
trying to get it out. The point is, there are any number of circumstances
that could lead to someone missing the puddle and thus slipping —
but there's someone who's job it is to clean up the puddle before
someone does, and that person is an employee of the mall. Thus, the mall
is liable for that person's failure and the victim's fall.
Of course, the person who fell doesn't have any authority to force
the mall to pay their medical bills, and the mall being interested in
it's bottom line would never do so voluntarily — that's
where an Orlando personal injury attorney comes in. Their job is to invoke
an authority that can force the mall to pay — the justice system.