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Personal Injury Law (Accidents/Slip & Fall)/Pregnant wife fell in mall property


My wife was in the Dolphin Mall in Miamj, Fl with her cousing shopping for her baby shower.  While walking in the mall she slipped in a pool of vomit that was next to a trash can.  She fell on her back and hit herself pretty hard on the floor.  Her knee was immediately hurting but her first concern was the baby.  She is 7 months pregnant and does not want anything to happen to the baby.  Security came and took her information and called the paramedics.  They asked is she wanted to go to the hospital but she declined because the paramedics said that everything looked fine.  After the paramedics left she went to get something to eat and while eating she began to feel back pain and leg pain.  She ended up going to hospital to check the baby out and the baby seemed fine.  My issue is that she is still in pain and I want to make sure that if any test or bills come our way due her being checked out due to the fall are covered by the mall.

This incident happened on 2/12/13 in Miami she is visiting her family and now this happens, I am taking a flight to Miami tomorrow night from Vegas to make sure she is ok.

Mr. Arce,

I am sorry to hear about your wife’s fall and the injuries it caused her. I hope that she and the baby are doing okay. Injuries like this can be particularly hard for pregnant women because your wife cannot undergo many of the diagnostic tests that a doctor would normally use to determine the nature and extent of the injury.

You say this incident occurred in Miami. I practice law in New York and am not expert on the laws of Florida, but can offer you some general guidance. If our wife suffered significant injuries you may want to pursue a claim against the shopping mall. To do so, you would need to prove that they knew or should have known about this vomit on the floor, yet they failed to clean it up in a timely manner and failed to warn patrons about the potential hazard. You would then need to show the injuries that your wife suffered because of the mall’s negligence. Slip and fall cases like this can be hard to prove because you must prove that the mall had notice about the hazardous conditions. If you want to pursue a claim, I suggest that you speak to a local personal injury attorney in Miami who can help evaluate the case. That consultation should be free.

If you are less concerned about a claim and more concerned about the medical bills, then you can contact the mall directly, They may have a Med-Pay policy that pays the medical bills up to a limit (usually $5,000 or $10,000) for patrons hurt on their property.

I hope this helps and that you wife and the baby are doing well.  

Personal Injury Law (Accidents/Slip & Fall)

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Carol L. Schlitt


I am a New York personal injury attorney with over 20 years experience handling car accident and motor vehicle cases, slip and fill cases, medical malpractice, premises liability, pedestrian and bicycle accidents and personal injury cases. I have been named Municipal Attorney of the Year in New York City and had my cases listed among Top Ten Verdicts in New York. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association, and the Bar Associations of the Bronx, Brooklyn and Suffolk.


I am a New York personal injury attorney with over 20 years experience. I previously served as Associate Corporation Counsel in the New York City Law Department and was named New York Municipal Attorney of the Year. I served as Lead Trial Counsel for Manhattan Law firm of Acito and Klein. I have led my solo law practice for over ten years focused on personal injury and medical malpractice awards. My cases have been listed among the Top Trial Verdicts. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association and the Bar Associations of the Bronx, Brooklyn and Suffolk and I serve as a judge in the national collegiate moot court competition. I am admitted to practice in New York and the Federal District Courts, Eastern and Southern Districts.

• American Trial Lawyers Association • New York State Bar Association • New York State Trial Lawyers Association • Bronx Bar Association • Brooklyn Bar Association • Suffolk County Bar Association • Holy Cross Alumni Lawyer’s Guild • St. John's University Alumni Association • National Association for Female Executives

My writings have appeared in Newsday, The Long Islander, the Times of Huntington and the legal blog, New York Law Thoughts.

I received my undergraduate degree from the College of the Holy Cross in Worcester, Massachusetts and graduated from St. John’s University Law School. I have taken graduate courses at New York University.

Awards and Honors
• Named Municipal Attorney of the Year • Cases listed among the Top Ten Verdicts in New York State • My blog, New York Law Thoughts, has been listed as one of the leading U.S. Law Blogs

Past/Present Clients
I have had hundreds of clients over my 20 plus years as an attorney. All of my current clients are individuals living in the New York metropolitan area (Brooklyn, The Bronx, Manhattan, Queens, Nassau, Suffolk and Westchester). I can provide references upon request.

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