Many people think of slip and falls as minor accidents that cause only scrapes and bruises. However, falls are one of the most common reasons people file personal injury claims. Serious injuries are a common result of a fall. If a South Florida property owner or occupier acted negligently and caused your fall, you need an attorney to help you get the compensation you deserve.
The Law Firm of Anidjar & Levine has a full team of trusted attorneys ready to go to work on your case, proving your slip and fall claim and maximizing your payout. Call us today at 800-747-3733 to schedule a time to talk with an experienced slip and fall injury lawyer in Kendall.
How May a Property Owner Have Contributed to My Slip and Fall Accident?
Sometimes falls truly occur on accident and are not anyone’s fault. Commonly, though, a property owner or occupier acts carelessly and fails to stop a preventable injury. This may occur in a number of ways, but some of the most common reasons our clients suffer fall injuries include:
- Spills, tracked liquids, or leaks;
- Trip hazards such as rolled rugs or torn carpets;
- Cracks in sidewalks or other paved areas;
- Uneven surfaces;
- Steps or curbs without proper hazard warnings;
- Extension cords or other items in the walkway;
- Stairs without handrails;
- Poorly constructed or maintained handrails; and
- Potholes, broken tiles, and other maintenance issues.
How Can We Prove Negligence in a Slip and Fall Case?
Proving the property owner or occupier acted in a negligent manner is key to winning compensation for your injuries in a slip and fall claim. As soon as we sign on to represent you, we go to work collecting the evidence we need to document their negligence. This requires showing:
- They owed you a certain obligation to protect you from hazards and prevent your injuries under Florida’s premises liability laws;
- They failed to uphold this obligation;
- This failure led to your injuries; and
- You suffered financial damages because of your fall.
For example, imagine you were visiting a local Kendall store and tripped over an extension cord stretched across the walkway. The shop owner had an obligation to prevent your fall, but took no action to remove the trip hazard or even post a warning. We can provide pictures from the scene and even surveillance video of your fall showing the cord. Eyewitness testimony can prove the owner passed through the area several times before your fall, showing he was aware of the hazard. Based on these facts, we would have a strong case for compensation for your damages.
What If the Property Owner Denies Knowledge of the Hazard?
In some cases, the property owner or occupier will deny culpability for your injuries by claiming they did not know about the hazard. This is often a big hurdle in these cases. You need one of our experienced attorneys on your side to ensure you can hold them liable for your injuries.
The standard in a Florida premises liability case is often referred to as the “reasonable person standard.” This standard considers whether or not a reasonable person would recognize the hazard or fall risk and take action to prevent your injuries. If a reasonable person would notice the hazard, we can hold the property owner liable—even if they failed to notice it.
Who Is Eligible to Collect Compensation in a Premises Liability Claim?
In most cases, we can file a premises liability claim to collect compensation for you after a slip and fall injury. However, there are some limits as to who is eligible to file this type of claim.
Most people suffer fall injuries while in someone else’s home, restaurant, store, or a publicly owned area. Typically, they are either invitees or licensees. This means they are either invited onto the property or have some legal reason to be there. Customers, shoppers, workers, and visiting friends all fall into one of these categories. Both invitees and licensees can file a claim against a negligent property owner or occupier after a fall.
Property owners, however, have no obligation to protect adult trespassers from slip and fall hazards. If you entered their property illegally, you may have little recourse to collect compensation for your injuries. If your children or teens sustained fall injuries while illegally on someone else’s property, the laws are complex. We can help you understand your rights and help you recover compensation on their behalf to the full extent the law allows.
What Type of Damages Can I Recover?
Our attorneys can help you get compensation to cover a wide range of damages, depending on the losses you suffered in your fall. This can include almost any expense related to the accident or the injuries you sustained. Some of the most common damages we recover pay for include:
- Ambulance transportation;
- Medical care;
- Physical therapy or rehabilitation;
- Ongoing care for serious injuries;
- Lost wages for time away from work; and
- Other related expenses.
In addition to requesting money to cover your financial losses, we also pursue damages for your non-economic losses. This includes your pain and suffering.
We use the estimated value of your damages to negotiate a fair settlement in your case. If the property owner, their insurance company, and their legal team refuse a fair settlement, we can pursue a civil lawsuit and ask a judge to award the compensation you deserve.
How Can I Discuss My Injuries With a Slip and Fall Attorney in Kendall?
The legal team at the Law Firm of Anidjar & Levine has the skills and resources you need to file a successful slip and fall claim in South Florida. We understand the applicable laws and standards in this type of case and can guide you through the claims process to get you the maximum compensation you deserve.
Call us today at 800-747-3733 to make an appointment with one of our slip and fall injury lawyers. We offer complimentary case evaluations and can handle your case on a contingency fee basis. We do not get paid until we recover the money you need.
We Can Help.