Miami Slip and Fall Lawyer
Did You Suffer Injuries As A Result of a Slip and Fall in Miami?
Slip and fall accidents can happen anywhere and to anyone. Such accidents pose serious safety hazards that can lead to severe injuries and even death. Did you know that:
- In the report published by The Florida Department of Health, in 2012, approximately 2,475 residents in Florida died because of unintentional fall, while nearly 62, 541 residents were severely injured
- According to the Bureau of Labor Statistics (BLS), almost 16 percent of the fatal work-related injuries in 2016 occurred because of slip and fall accidents. They were only second to car accidents.
- In 2016, about 48,060 employees were severely injured in slip and fall accidents, while 697 workers died.
All these statistics show that everyone is at risk of slip and fall accidents from seniors to employees. What’s important to understand is whether or not that accident was inevitable and happened because of someone else’s negligence. As per the law, the victim of a slip and fall accident is eligible for compensation. However, certain conditions apply. Since navigating Florida laws can get complicated, it’s best to hire our seasoned Miami slip and fall attorney for case representation.
We are experienced in this domain and have profound knowledge in slip and fall accident injuries. Therefore, we can provide you with the best advice and case assistance, ensuring that the process is completed smoothly and without any hassle. You receive the compensation that you deserve.
Causes of Slip and Fall Accidents in Miami
Many slip and fall incidents, especially those that result in serious injuries, occur due to dangerous conditions. Some common causes of slip and fall accidents in Miami occur because of the following:
If parking lots, sidewalks, or floors and walkways are not well-built and maintained, they are likely to change over time due to heavy traffic flow. For example, wooden surfaces easily bend and bow and develop loose boards while concrete can develop potholes and cracks. Likewise, carpets fray and tiles and floor coatings can wear down and get chipped. These issues lead to uneven surfaces, thereby increasing the chances of slips and falls.
As per the law, workplaces and other property owners are mandated to keep their properties well-lid to avoid accidents. Thus business owners should ensure that all staircases, sidewalks, and walkways around their workplace and properties are correctly lidded. Inadequate or poor lighting can make it difficult for clients, customers, and employees to navigate their way in and out safely, thus making slip and fall accidents inevitable.
Slippery Surfaces or Wet Floors
Slip and fall accidents occur on floors that are excessively wet and slippery such as after waxing a linoleum floor. Therefore, property owners must keep their walking surfaces clean and dry, or place damp floor warning signs after the floor is mopped or waxed. However, their inability to do so puts people passing by at risk to slip and falls.
There are strict requirements for hand railings under the Florida building code. These requirements must be followed as broken handrails present a substantial fall risk.
Common Miami Slip and Fall Injuries Injuries
A slip and fall accident can result in minor to severe injuries. The most common injuries are:
- Fractured or broken bones
- Back injuries
- Traumatic brain injuries (TBI)
- Spinal cord injuries
All of these can be quite serious, resulting in long recovery time and loss of income due to missed workdays. Some injuries may require one or multiple surgeries, which can be financially crippling. However, to ensure you get the best medical treatment without worrying about the cost, its best to work with our experienced Miami slip and fall attorney. We can help you get compensated fairly and ensure that you have adequate finances to get the right treatment and get on the road to recovery fast.
Florida Laws for Slip and Fall Accidents
It is essential to understand that the State of Florida operates under a pure comparative negligence rule. Therefore, before you settle for the slip and fall case, the court shall decide on what percentage of the blame is the victim responsible for and the defendant. The defendant can also make numerous claims against the victim to limit their liability, such as:
- The victim was not allowed to be in the place where the accident occurred
- The victim should have been cautious
- The footwear that the victim was wearing was inappropriate
All this can be tricky to fight back and seek justice without proper knowledge of the Florida Law and litigation process. That’s why it’s essential to work with a Miami slip and fall law firm. At Shiner Law Group, our lawyer will ensure Florida’s pure comparative negligence rule doesn’t strip compensation. From defective stairs to supermarket spills, we help victims of slip and fall accidents recover damages from negligent property owners and business operators alike. We strive to make the compensation process smooth and stress-free.
Who is Responsible for Fall Accidents?
In a slip and fall accident, it is not easy to determine who’s liable or responsible unless you have a seasoned Miami slip and fall lawyer for case representation.
Our lawyer knows how to determine whether the accident was caused because of the property owner’s or renter’s negligence. We do this by understanding the following:
What obligation the property owner had to the victim?
Public property owners such as stores, shopping malls, and restaurants invite guests to have the highest duty of care to their patrons. Therefore, they must inspect their property regularly to keep their premises safe from hazardous or dangerous conditions. If that is not possible, then they must warn guests about the conditions.
On the other hand, homeowners also have a duty towards friends and guests they invite over. However, they don’t have an obligation to inspect for hazards. If they know of any, they must get them fixed or warn their guests about the dangers.
Whether the obligation was breached?
The property owner can be held legally responsible if they failed to maintain the property safely, as required by the law.
Recovering for Damages from a Slip and Fall Accident
The purpose of awarding damages to the victim is to make sure that they become financially secure and can seek the treatment that they need to resume their normal life. These include:
- Medical expenses
- Loss of wages
- Loss of future earnings (if your injury affects your ability to work in the future)
- Loss of the consortium
- Pain and suffering
- Emotional distress
- Wrongful death
As these damages are compensatory, the exact compensation amount can’t be estimated that you may be entitled to until our Miami slip and fall lawyer conducts a thorough investigation of the case. However, in general, the compensation amount depends on the severity of your injuries. This means that the more severe your injury, the higher your damages award. But at the same time, it is crucial to prove your slip and fall injury case. Read the next section to learn more about this.
What Do You Need to Prove in a Slip and Fall Injury Case to Qualify for Compensation?
Since compensation is only awarded if the slip and fall accident occurs due to someone else’s, the plaintiff (victim) needs to prove four legal elements. These are duty, breach, causation, and damages.
Let’s look at each element in detail to develop a better understanding:
A person is an invitee if they are called to the premises or property for business dealing. In such a situation, the property owner must inform and warn the invitee about the hazardous conditions on their property to avoid mishaps and accidents.
Therefore, to recover damages, the plaintiff/invitee must prove that the accident occurred because of the hazardous condition on the property that the owner was aware of but did not inform you about.
When dealing with hazardous conditions on a property, the owner’s breach can be shown through one of the three ways.
- They created the hazardous condition
- The property owner knew that the condition existed but negligently failed to fix it
- The condition existed for a long time that the owner should have found about it and corrected it
Causation refers to cause and effect. Thus, determining how one event (a cause) contributed to the production of another incident (the effect). In other words, the cause is responsible for the effect. If there hadn’t been a hazardous condition on the property you were invited to, you would have never experienced the injuries due to the slip and fall accident.
This refers to the monetary value of the injuries sustained. This shall include the medical bills incurred, the days you took off from work due to treatment, the money you lost because of not working, and the money you paid for the treatment. Therefore, you must prove that the slip and fall accident caused your injuries, losses, and other expenses.
Florida Statute of Limitations
To receive the compensation that you’re entitled to, it is vital to file a claim before the statute of limitations expires. According to Florida Statute 95.11 for slip and fall accidents, you have four (4) years to file a claim. Simply stated, you have four years to file a claim starting from the date of the accident, and get compensated. If you file a lawsuit after that, your claim shall be denied, and you may not receive any compensation.
Four years may seem a long time, but it is advisable to seek legal help from a slip and fall lawyer immediately. Remember that time is of the essence in legal cases especially, in a slip and fall accident where investigation of the accident scene and witness statements may be required to establish a strong liability case against the defendant. If you act fast, our lawyer will be able to gather crucial evidence to prove your case.
How We Serve the Slip and Fall, Case Victims?
At Shiner Law Group, we have obtained justice for clients in all types of slip and fall scenarios, including department stores, malls, and high traffic public establishments. To get you fully compensated, our Miami slip and fall lawyer will analyze your case in-depth and applicable law to determine whether a dangerous condition existed on the property or not. This helps us prepare a sound legal argument.
We also consult our team of experts in human factors, engineering, occupational safety, and medical specialties to review the case and building codes. Our team analyses the case from all potential legal liability theories in every case to establish a strong case.
Apart from determining fault, we also provide quality assistance with damage calculation. Our lawyer will collect earnings statements, medical records, and other relevant resources to assess the full extent of damages that you are entitled to, and then fight to recover them on your behalf.
Moreover, while you focus on getting better, our Miami perosnal injury lawyer will handle the flurry of back and forth communication such as calls and emails between us, the defendant and the insurance adjuster. We will work relentlessly on your case and pursue a settlement that compensates you fairly for the injuries, expenses, and losses incurred.
However, if and when needed, we won’t hesitate to bring your case to trial. At Shiner Law Group, we work in your best interest and go the extra mile to ensure that justice is served. We never settle for less. We are experienced and ready to fight for your right to compensation in front of a jury and judge.
If you or a loved one has been severely injured in a slip and fall accident in Miami, contact Shiner Law Group today at (561) 777-7700 or fill out our 100% free online case evaluation form. Based on our discussion, our lawyer will suggest the best course of legal action.