West Palm Beach Slip & Fall Lawyer: Kohl's Speed-Bump Trip Hazards on Congress Ave — Liability Clues That Matter

Did you trip and fall over a speed bump at Kohl's on Congress Ave in West Palm Beach? You may have a strong premises liability claim. Store parking lots and entrances are part of the property an owner must keep safe. When a speed bump is poorly marked, damaged, or improperly placed, the property owner can be held liable for injuries. A West Palm Beach slip and fall lawyer can review your case for free.

Not all speed bumps are dangerous. But when they are poorly maintained or badly marked, they become a real hazard for shoppers. Common problems at Kohl's Congress Ave location and similar retail parking lots include:

• Speed bumps painted or marked in faded colors that are hard to see
• Raised edges or cracked asphalt near speed bumps
• Speed bumps placed near store entrances or pedestrian walkways
• Poor lighting over speed bump areas at night or dusk
• Height inconsistencies that create unexpected elevation changes
• Speed bumps located where shoppers focus on the store rather than the ground

Florida law requires property owners to keep their premises safe. This includes parking lots and walkways. Under Florida Statute § 768.0710, business owners owe a duty of reasonable care to customers. When a poorly marked speed bump causes a fall, the owner can be found negligent.

The steps you take after your fall matter a great deal.

1. Report the fall to the store manager right away. Request a written incident report and get a copy before you leave.
2. Photograph the speed bump, the surrounding area, and the lighting conditions. Show the condition from multiple angles.
3. Get the names and contact information of any witnesses who saw the fall.
4. See a doctor the same day. Ankle, knee, hip, and wrist injuries may not show full severity right away.
5. Keep the shoes and clothing you wore. Do not wash or discard them. They may be used as evidence.
6. Contact a West Palm Beach slip and fall lawyer before speaking to any insurance representative.

In Florida, you must show the business knew about the defect — or should have known. For outdoor hazards like speed bumps, the duty of care under § 768.0710 and common law negligence apply.

Constructive notice means the defect was there long enough that a careful inspection would have found it. Evidence that helps prove this includes:

• Photos of visible fading, cracks, or damage around the speed bump
• Prior complaints or incident reports filed with the store about the same area
• Maintenance records showing the parking lot had not been recently inspected or repaired
• Testimony from employees about known hazards
• Expert witness testimony about industry standards for speed bump marking and maintenance

When reviewing a trip-and-fall at the Congress Ave Kohl's, your attorney should look for:

• ADA compliance — is the speed bump clearly marked?
• Sight lines — does the store entrance block the view of the speed bump?
• Lighting — is there enough light over the speed bump at night?
• Repair history — has this area been patched before, showing a known problem?
• Foot traffic — is the speed bump in the path shoppers normally walk?

These details can show whether Kohl's or the property owner knew about the hazard and failed to fix it. A West Palm Beach car accident lawyer at Wolfson & Leon handles premises liability claims across Palm Beach County. Learn more about premises liability at wolfsonlawfirm.com.

Seek medical care right after a trip-and-fall. Some injuries get worse over time:

• Ankle sprains and fractures — common when you trip on an unexpected height change
• Knee ligament injuries — a twisting fall can tear the ACL, MCL, or meniscus
• Wrist fractures — people instinctively reach out to break a fall
• Hip fractures — especially dangerous for older adults
• Head injuries — a head impact can cause a concussion even without passing out

Tell your doctor exactly how the fall happened. Follow every treatment plan. Insurance adjusters use missed appointments to reduce your claim.

Bone density is a major factor in how severe a trip-and-fall injury can be. Many adults, especially those over 50, have reduced bone density due to osteoporosis or osteopenia.

The National Institutes of Health says about 10 million Americans have osteoporosis. Another 44 million have low bone density. Someone with normal bones may get bruises from a trip. But a person with weak bones may fracture a hip, wrist, or vertebra in the same fall.

Florida follows the "eggshell plaintiff" rule. If Kohl's caused your fall, they are responsible for all your injuries — even if your bones were already weak. A pre-existing bone condition does not reduce the store's liability. A serious fracture from low bone density can increase your damages.

If you have been diagnosed with osteoporosis or osteopenia, or take medications that affect bone strength, document this with your doctor. Ask your physician to explain how your condition contributed to the severity of your injuries.

A successful premises liability claim in Florida may provide compensation for:

• All medical bills — emergency room, surgery, imaging, physical therapy, and follow-up care
• Future medical expenses if ongoing treatment is needed
• Lost wages from missed work during recovery
• Reduced earning capacity if your injury limits future employment
• Pain and suffering — both physical pain and emotional distress
• Permanent disability or impairment
• Out-of-pocket costs such as transportation to medical appointments

Florida uses modified comparative fault under Florida Statute § 768.81. If you were partly at fault — say you were distracted — your recovery is reduced by your share of fault. But you can still collect if you are less than 51% responsible.

Large retailers like Kohl's have skilled insurance adjusters. Their job is to pay as little as possible. An experienced West Palm Beach personal injury attorney can help even the odds.

Wolfson & Leon can:

• Investigate the scene and gather evidence before it is lost or repaired
• Send preservation demands for security footage and maintenance records
• Identify every liable party — Kohl's, the property owner, or a maintenance contractor
• Evaluate the full value of your claim, including future medical needs
• Handle all communication with the insurer
• File a lawsuit if a fair settlement is not offered

You pay nothing unless the firm recovers for you. Call a West Palm Beach car accident lawyer at Wolfson & Leon today at (305) 285-1115. Whether your injury happened in a parking lot or inside the store, the firm handles all personal injury matters across Florida. For auto accident help, see their car accident page.

To make the most of your free case review, bring:

• Any photos or video you took at the scene
• A copy of the incident report if you received one
• Medical records and bills related to the injury
• A list of witnesses and their contact information
• Your footwear from the day of the fall
• A written account of what happened while it is still fresh

• Florida Statute § 768.0710 — Duty of care for business owners
• Florida Statute § 768.0755 — Premises liability for transitory foreign substances
• Florida Statute § 95.11(3)(a) — Personal injury statute of limitations
• Florida Statute § 768.81 — Comparative fault
• NIH — Osteoporosis overview
• Wolfson & Leon — Premises Liability
• Wolfson & Leon — Car Accidents
• Wolfson & Leon — Serious Injury
• Miami Personal Injury Attorney Blog

Since 1963, Jerome Wolfson, Esq. and the team at Wolfson & Leon have proudly served accident victims across Florida:

• Miami
• Orlando
• Tampa
• Jacksonville
• Fort Lauderdale
• West Palm Beach
• Fort Myers
• Cape Coral
• Sarasota
• Clearwater
• Tallahassee

Let us help you get back on the road to recovery. Call (305) 285-1115 today. Our team will handle your case with the personal care and attention you deserve.