Contact a Reputable Lawyer To Make Your Slip and Fall Case Strong

Injuries from slip and fall accidents are often minor, but can sometimes result in broken bones, ligament injury, head injury, or spinal cord damage. You could suffer from significant injuries if you fall. These accidents can result in life-long debilitating conditions.

Most cases are easily preventable but occur because of improper maintenance of properties and careless owners. If you have suffered from a slip and fall accident due to someone’s carelessness that has resulted in physical injury or monetary harm, you deserve to be compensated.

Whether a private property owner or a commercial enterprise, property owners and their lawful agents or operators must maintain the premises free from known dangers and must make reasonable inspections to discover and safeguard any unknown hazards that visitors, consumers, or any other person may encounter while they are lawfully on the property.

At a minimum, they should inspect the property from time to time, make all repairs of unsafe conditions, if any, or otherwise place a sign or warning to identify the hazard until it can be fixed.

But when owners of any property fail to maintain their premises to keep them safe for visitors, the owner may be liable for any injuries that occur because of their negligence. A Miami slip and fall lawyer can provide effective legal help and help you win the maximum amount of compensation for your losses and damages.

Common Negligence in Premises Liability:

  • Liquid spills or leakages that cause a slippery floor
  • Sidewalk cracks, torn carpets, and other imperfect surfaces
  • Obstacles or hazards that lack warning
  • Poorly maintained or cluttered stairways
  • Inadequate maintenance, such as loose railings, broken glass, loose nails
  • Poorly lit common areas

In Miami, Florida there are premises liability laws that require owners and occupiers to keep their property safe from hazards that could harm the health of visitors.

The standard of care most commonly applied to property owners in premises liability cases is referred to as the “reasonable person standard.” The law considers whether any reasonable person would have identified the hazard and taken action accordingly.

Suppose the property owner (or the person lawfully managing the property) has identified a dangerous condition on the property but has not taken action that a reasonable person would have taken. In that case, they may be liable for all injuries caused by the hazardous condition.

Beware, however, that property owners do have several defenses available to them. To begin with, they are unlikely to be held liable for injuries to a person who was not lawfully on the property.

There is no duty for property owners to anticipate trespassers. Therefore, a trespasser should not expect to be compensated for injuries incurred on the property.

In other cases, the actions of the injured person may reduce the amount of compensation they can recover because they are partly responsible for the accident. For example, if the individual was drunk or under the influence of drugs, or was otherwise behaving recklessly, the amount of compensation awarded may be reduced by the proportion of their own liability.

Injuries Because of Slip, Trip and Fall:

Injuries that occur during trips and fall accidents range from very mild to severe. Some of the more common injuries are:

  • Neck and shoulder injuries
  • Cuts, contusions, abrasions and inflammation
  • Sprains and fractures
  • Head and Brain Injury
  • Injuries to the spinal cord

After a fall accident, you need to take the following steps immediately. Here is what to do immediately after a slip and fall accident:

  • Seek immediate medical attention, regardless of the apparent severity of any injuries. Some injuries are not obvious.
  • If you are not severely injured, try to document the accident scene with photographs.
  • A written description of what happened recorded soon after the incident describing exactly how it happened may also be a useful way to jog your memory of details later on.
  • Report the accident. Most commercial operations have a process for this. It is crucial to report the accident to the liable party.
  • Talk to the owner or their lawful representative.
  • Consult an experienced legal professional to assist you in this process.

Role of Negligence in a Slips and Fall Cases

If you or your loved one were injured because of slipping and falling on another’s property, you might want to seek compensation for your injuries. To establish liability of the property owner, you will have to demonstrate that they acted negligently in maintaining safe premises.

Miami-Slip-and-Fall-Lawyer-1Almost all personal injury cases depend on proving negligence for winning compensation. To demonstrate negligence, you need to collect evidence of several things about the property owner. The following are some of the things that you have to prove:

  • You lawfully entered the property as a visitor or guest
  • The property owner knew, or should have known, about the hazard but did not repair it or provide adequate warning to those who could be reasonably expected to encounter it.
  • You experienced physical injury, property damage, or some other kind of loss, typically documented by medical treatment records.
  • All injuries were an actual and proximate cause of the hazard on the property.

An experienced Personal Injury Lawyer in Miami can help you take appropriate steps by reviewing the facts of your case and discussing your options with you.

Who Is Liable or Responsible For the Case?

Florida applies a comparative negligence theory to personal injury liability. Meaning, before finalizing the case, the court will determine the percentage of the blame for both the victim and the defendant.

Any fault attributable to the victim (the plaintiff in a lawsuit) diminishes the amount of damages awarded proportionate to the amount of the victim’s fault, but it does not completely prevent the plaintiff from recovering damages.

Keep in mind that a defendant will try to either reduce or eliminate liability altogether by proffering several defenses. Some things that a defendant may try to prove in order to limit liability are:

  • The accuser was not allowed in the area where the fall took place.
  • The victim had a duty to take reasonable precautions under the circumstances and should have been more cautious.
  • The owner has taken all steps to protect the victim from hazards.
  • The victim’s behavior contributed to the fall, such as by wearing inappropriate shoes or consuming alcohol or other substances.

The court may find that the victim is partly responsible for the accident and decrease the amount of compensation awarded. Miami slip and fall lawyers can identify the person liable for your accident and hold them responsible. They can analyze your case to file an appropriate claim to seek and win maximum compensation.

Important Statistics To Know

Slip and fall accidents are a safety hazard that may lead to wrongful death and severe injury every year for thousands of people. Senior citizens are at significant risk. The following statistics on slip and fall accidents are according to the Florida Department of Health:

Unintentional falls are the primary cause of injury-related deaths for Florida senior citizens. The same also applies to Florida residents at large.

In 2012, 2,475 residents of Florida died because of an unintentional fall, and 62,541 residents landed in the hospital. As per Bureau of Labor statistics, about 16% of injuries suffered in the year 2018 were because of slip, trip and fall accidents.

The Consumer Product Safety Commission has previously said that improperly managed floors have caused millions of slip and fall cases every year.

In addition to physical and emotional issues, Miami slip and fall accidents can lead to some significant expenses. According to the Centers for Disease Control (CDC), the average bill for slip and fall treatment is more than $30,000.

Do You Require a Slip and Fall Attorney Miami After an Accident?

The process of recovering compensation from a negligent property owner is not that easy or straightforward. For example, it can be difficult to establish your damages if your injury was temporary and not sufficiently documented with medical treatment. You should document any medical treatment related to the accident, as well as any other evidence of costs or losses related to the injury or fall.

Another problematic aspect of seeking compensation is that the owners of the property, as well as their insurance carriers, will attempt to negotiate for a lower settlement. Trips and accidents can easily lead to serious, unmanageable injuries, including hip and wrist fractures, concussions, sprains, etc. To demonstrate the severity of your injuries, you need to know the right experts, obtain relevant medical examinations and documentation, and conduct extensive legal research.

There is no good reason to face the problem alone. Contact a lawyer who is a well-skilled negotiator and experienced in personal injury claims. They will fight with the insurance companies and other lawyers to  obtain fair compensation for your injuries and other damages.

So, select an experienced, empathetic Miami slip and fall lawyer with several years of experience. Seeking legal representation is a wise choice.

Hire a Reputable Miami Slip and Fall Lawyer To Fight for Your Rights!

The process of filing a claim to acquire compensation is quite stressful, especially for those who suffered severe injuries. An experienced lawyer at Berke Law Firm, P.A. can take care of every step necessary for winning maximum compensation for your damages in the slip, trip and fall accident.

It is always better to take proactive steps to prevent denial of your claim. People with strong legal representation have a better chance to win maximum compensation for their losses due to the accident.

Due to our rich experience of handling many types of personal injury cases, including slip and falls, we can provide extensive legal assistance. You can concentrate on your health while our legal team takes the necessary steps to fight for your rights.