Advocating For You: Slip and Fall Accident Lawyer
A slip and fall case can occur anytime you lose your footing, slip, or fall off or over some object on another person’s property, and are injured as a result. If you are able to prove that you were injured by your fall and that your accident was the result of negligence on the part of the property owner, they may be required to compensate you for your injuries.
If you are recovering from personal injuries that occurred as a result of an accidental fall on someone else’s commercial property in Miami, you may be legally entitled to recover substantial sums from the property owner. A Miami Lakes slip and fall lawyer can help you determine exactly what your legal rights are after examining the specific circumstances that led to your injury. Skilled personal injury attorneys will assist you with every aspect of bringing your claim, from identifying the parties responsible for your injuries to collecting the evidence needed to prove the elements of your case.
Common types of slip and fall cases include:
- Slipping on a wet floor as a result of a product spill
- Tripping over an uneven surface or rug
- Falling into a hole
- Falling down stairs not equipped with a proper handrail
Important Slip and Fall Laws
Florida premises liability laws are found in Title XLV, Chapter 768, Florida Statutes. Florida law requires that any landowner or corporation that holds their property open to the public has a duty to keep their property in a reasonably safe condition for all of their customers and guests.
In order to recover for a slip and fall claim, claimants or their slip and fall attorneys in Miami Lakes will be required to prove that a dangerous condition existed on the property and that they were injured as a result of that condition. In addition, claimants must also prove that either:
- The owner of the property created the dangerous condition
- The owner of the property was aware of a condition and negligently failed to correct it
- The dangerous condition had existed for a long enough period of time that it should have been discovered and corrected by a reasonable property owner prior to the accident occurring
In order for a court to hold a property owner liable for injuries, the accident, and the claimant’s injuries must be determined to have been foreseeable as a result of the dangerous condition that existed on the property. The foreseeability determination is done on a case-by-case basis depending on the circumstances surrounding the accident, although it may be helpful if the claimant can show that similar accidents occurred in the past.
In order to successfully recover damages, claimants will also need to present evidence proving the property owner’s negligence. Certain legal elements such as whether the property owner was violating any applicable safety statutes can play an important role in this determination. It is important to obtain the assistance of an experienced slip and fall attorney who is familiar with the industry standards and regulations of the business where the accident occurred.
The court’s ultimate determination of liability will be based on whether the property owner acted in a reasonable and prudent manner. The court will consider whether the dangerous condition could have been prevented by routine maintenance, whether it should have been discovered prior to the accident, and if the property owner could have foreseen that an injury would occur.
However, it is important to note that the court will also take into account the injured person’s own carelessness or negligence in determining liability. Because Florida is a comparative negligence state, the total fault for an accident will be apportioned among each party involved, including the plaintiff.
The plaintiff may be apportioned some of the blame if the court determines that their actions contributed to the accident. If the court determines the plaintiff was partially at fault for their injuries, the damage award will be reduced in proportion to their share of the fault.
If a person is able to prove that their injuries were the result of negligence on the part of the landowner or business where the accident occurred, they may be entitled to recover monetary amounts for medical costs, lost wages (including future lost wages), permanent disability damages, and emotional distress. An experienced slip and fall attorney will be able to determine exactly what types of damages are available in the specific circumstances.
How a Slip and Fall Attorney Can Help
In slip and fall cases, it can often be difficult to determine who should be held responsible for the injury. If an accident occurred in a store that was a part of a larger shopping center or mall, the store owner as well as the person from whom they rent their premises may be liable for a person’s injury. Other parties may also have been involved in creating the dangerous condition that led to the accident.
Failing to identify and join all the responsible parties to a claim can result in the injured person being unable to recover their full damage award. An experienced Miami Lakes slip and fall attorney can help clients determine who may be liable to compensate them for their injuries and ensure that the responsible parties are all joined as defendants in the case.
The assistance of an attorney with experience bringing claims against the same type of businesses as the one in which the injury occurred can be extremely helpful, as applicable safety regulations and industry best practices may play an important role in determining liability.
Contacting a Slip and Fall Attorney
Recovering from a slip and fall injury can be difficult and expensive. Your injuries may prevent you from working, increasing the financial burden caused by your accident. Experienced Miami Lakes slip and fall attorneys have a great deal of experience bringing claims against all types of businesses and are well versed in the laws and safety regulations landowners must abide by to ensure the safety of their customers and guests.
Contact an attorney as soon as possible to discuss what types of damages you may be entitled to recover, and to begin the process of filing your claim to recover for your injuries.