Visitor Question

Slipped and fell on steps getting down from a pedicure at a spa…

Submitted By: Anonymous (Ormond Beach, Florida)

I was at a spa today to get a pedicure.  While getting down from the chair I slipped and landed on my lower back on the edge of the bottom step of two small steps. Many people heard it and a few saw it happen.

A lady said that I really landed hard on the steps and asked if I was sure I was okay. I told them I was okay and I had my wallet and my cell phone in my hands when getting down. The owner was up front and asked if I was okay; I told her what happened and said I was okay. Once I arrived home, my lower back started to hurt so I am going to an Urgent Care to have it checked out.

I really don’t want to sue them, but I do want to make sure I follow the correct steps in the event it results in high medical bills or permanent damage. I appreciate any guidance and advice you might have to ensure I do things correctly. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Before taking any legal action, seek the medical care you need. Your health is most important. You will have plenty of time to seek the compensation you may require later. Some injuries do not manifest symptoms for several days or longer.

To that end, the statute of limitations, or time period in which you must either settle your personal injury claim against the spa, or file a lawsuit is four (4) years.
Florida Annotated Code Section Section 95.11 (3)

Contact the spa and ask to speak with the owner. If the owner is unavailable, speak with the manager. Let them know you are seeking medical care to see if you have sustained any injuries from the fall.

Ask the owner or manager to give you the name of their insurance company. If they refuse, tell them in the event you are determined by a doctor to have sustained injuries as a result of your fall, you may have to consider legal action. Once you have the insurance company information, you can call them and file a claim.

Based on the facts, it does not appear you sustained serious injuries. As a result, you will likely not need the services of a personal injury attorney.

In the event the spa will not cooperate, you can consider filing a small claims lawsuit. Florida Small Claims Courts have jurisdiction to hear contested claims up to $5,000. To learn more about Florida Small Claims Courts, including accessing the forms you may need to file a lawsuits, go to the Florida Courts (Small Claims) website here.

Learn more here: Beauty Salon Injury Claims

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim.

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