Slip and fall injuries are usually relatively minor, but occasionally this type of accident leaves you with broken bones, torn ligaments or tendons, head injuries, or even spinal cord injuries. If you suffered serious injuries in a Miami fall, you may be able to file for compensation to pay your medical bills, lost wages, and other damages.
To learn more about our Miami slip and fall lawyers, call the Law Offices of Anidjar & Levine today. We offer free case evaluations and can help you understand the options available to you. Our Miami personal injury lawyers are here to help you take back control of your life.
What Role Does Negligence Play in My Miami Slip and Fall Injury Case?
To file a successful slip and fall claim, we need to prove the property owner or occupier is the liable party and acted negligently, causing your injuries. All slip and fall cases rely on proving negligence to win the compensation you deserve.
Demonstrating negligence requires us to collect evidence to prove several details about the property owner in your case.
- The property owner had a responsibility to protect you. In a slip and fall case, this usually requires proving you did not trespass on the property.
- The owner failed in their responsibility. We can use eyewitness testimony, surveillance video, and other evidence to show the property owner knew about the hazard—or should have known about the hazard—but failed to repair it or warn you of it.
- Their action or inaction caused your slip and fall injuries. We use eyewitness testimony, your medical records, testimony from accident experts, and other evidence to show your injuries occurred because of the fall. This is why it is so important to get medical care immediately.
- You suffered physical, emotional, and/or financial damages. We need to prove the full amount of your accident-related losses and expenses in order to collect the maximum compensation you deserve. To do this, we use copies of your medical bills, proof of lost wages from your employer, and receipts from costs you covered out-of-pocket.
While these cases may seem simple, that is not always the case. Proving that the owner knew about the hazard, or should have known about the hazard, is incredibly challenging if you do not know what to look for. Our lawyers are well-equipped to handle this case, so let us take on these burdens on your behalf.
How Does Negligence Cause Slip or Trip and Fall Injuries?
Negligence on the part of the property owner or occupier can cause a slip and fall injury in a number of ways. Some of the most common we see in our practice include:
- Spills, tracked liquids, or leaks that cause slick floors;
- Cracks in sidewalks, rolled rugs, torn carpet, and other uneven surfaces;
- Steps, curbs, and other obstacles that lack proper warning;
- Extension cords and other trip hazards in a walkway;
- Stairs without handrails or with faulty railings; and
- Problems stemming from improper maintenance, such as potholes and broken tiles.
Since most of these hazards occur because of poor maintenance, the liable party is typically the person or company in charge of maintaining the area where your fall occurred. This is usually the property owner, unless a business or other occupier leases the property and handles the maintenance. We can help you identify the liable party based on the facts of your case and pursue compensation through their insurance company.
When is a Florida Property Owner or Occupier Liable for My Injuries?
Florida has premises liability laws stating that owners and occupiers have to keep their property safe and free of hazards to protect the health and wellbeing of visitors. If a situation occurs that poses an obvious hazard, the property owner or manager must take action to repair it or warn visitors of it as soon as possible.
The standard used in these cases is sometimes called the “reasonable person standard,” because it considers whether a reasonable person would have recognized the hazard and taken action. If the property owner or occupier did not take action when a reasonable person would, they are liable for any injuries that occurred. This is true even if they failed to notice the hazard, but a reasonable person in their position would have noticed it.
These statutes only protect you if the property owner invited you onto the property or if you are a licensee. This covers most of the reasons you might be on someone else’s property—such as for shopping, dining, working, or visiting—except for illegal trespass. Property owners are not responsible for protecting trespassers from slip and fall hazards.
Can I Still Recover Compensation if I Was Partially at Fault for My Slip and Fall?
Yes, but your compensation may be reduced — or even denied — depending on how much fault you share. Under Florida’s modified comparative negligence law, outlined in Florida Statutes § 768.81, you can only recover damages if you are found to be 50% or less at fault for the accident. If you are more than 50% responsible, you are barred from recovering any compensation.
How Do Florida Negligence Laws Apply to My Case?
Let’s say you slipped and fell in a grocery store aisle where a spill hadn’t been cleaned up. There were “Caution: Wet Floor” signs clearly posted, but you were distracted by your phone and not watching where you were going. In this case, a court might determine that you were 30% at fault for the accident. You could still recover 70% of your total damages from the store.
However, if you were running down the aisle with no regard for your surroundings and are found to be more than 50% at fault, you would be ineligible to recover anything. Slip and fall claims are often contested, especially when fault is shared. Insurance companies are quick to point fingers, hoping to push your level of fault above the 50% threshold to avoid paying.
Our Miami slip and fall attorney can:
- Collect and preserve key evidence, such as surveillance footage or witness statements
- Challenge unfair fault assessments made by insurers
- Ensure your rights are protected and help you pursue the maximum compensation allowed by law
When even a slight shift in fault percentage can mean the difference between winning and losing your case, a lawyer can provide strong and knowledge representation.
Do I Need a Slip and Fall Injury Attorney to File My Claim?
There is no reason to face this process alone. You must research the law and examine similar cases to learn how to file an injury claim. If you give us a call, we have the experience necessary to help you collect the evidence you need and the resources to call on experts to bolster your case.
Many insurance companies and their policyholders tend to shrug off slip-and-fall injury claims, assuming your damages were minor and you are trying to score an easy payout. We understand this is not the case and will make sure they take your claim seriously. In some cases, we can even recover evidence you would not be able to obtain on your own, including surveillance video of the incident, maintenance records from the company, and other important documentation.
We are also well-trained negotiators. We will fight aggressively for the maximum amount of compensation possible in your case. We ensure your rights remain protected throughout this process and prevent you from settling for less than your claim is worth. Of course, on the rare occasion we cannot reach a fair settlement amount with the insurer, we can also pursue other legal options for compensation.
Let Our Attorneys Help You Get the Compensation You Need from Your Slip and Fall
At the Law Offices of Anidjar & Levine, we can help you understand your right to fair compensation under Florida premises liability and negligence laws. We can work with you to push your case through the claims process until you recover the compensation you deserve. Call us today to schedule your free consultation. We can discuss how a Miami personal injury lawyer may be able to help.
We Can Help.
