Accidents happen every day. Sometimes, they are preventable and occur through no fault of your own. If a slip and fall accident caused your injuries, it may be due to a property owner’s negligence.
A Miami slip and fall caused by carpeting that is ripped or torn lawyer may be able to help you prove that poorly maintained flooring caused your accident. An attorney may be able to assist you in seeking compensation from the owner responsible for the conditions of the property. To learn more about how the Law Offices of Anidjar & Levine may be able to assist you, call 1-800-747-3733.
Slip and Fall Accidents Can Result in Serious Injuries and Death
A ripped or torn section of carpeting may not seem like a serious threat, but falls can cause severe injuries. According to the Centers for Disease Control and Prevention (CDC):
- One out of five falls results in serious injuries, such as a broken bone or head injury
- More than 800,000 people are hospitalized every year because of falls
- Falls are the leading cause of traumatic brain injuries (TBIs)
- More than 3 million adults aged 65 and older are treated in emergency departments each year for fall-related injuries
- Falls cause more than 95 percent of hip fractures
Some fall-related injuries can cause permanent impairment and even death. TBIs can cause a loss of coordination, confusion, insomnia, and slurred speech. Severe head injuries may result in permanent changes in mood or behavior, decreased cognitive abilities, coma, or a vegetative state.
Hip fractures can be very dangerous for older adults. Not only does this type of injury decrease mobility, but it can also lead to a rapid overall decline in health. Possible complications from a hip fracture include blood clots, bedsores, and pneumonia.
In fact, 50 percent of adults over age 65 who are hospitalized for a hip fracture are never able to return home or live independently after their accident, according to the National Flooring Safety Institute (NFSI). The NFSI also cites a study by the Consumer Product Safety Commission (CPSC) that found floors and flooring materials directly cause more than 2 million fall injuries every year.
Someone Else May Be Responsible for Your Losses
If you or a loved one were injured in a slip and fall caused by ripped or torn carpeting, someone else may be responsible for the costs of your medical care and other losses. Liability for your slip and fall may fall with the owner of the property where you were injured. This could be a business owner, landlord, or homeowner, depending on where your accident occurred.
Property owners must take care to make sure the premises under their control are reasonably safe. If the property owner knew about a section of damaged carpeting and neglected to replace it or adequately warn people about the danger, they may be financially responsible for your injuries.
A Miami slip and fall caused by carpeting that is ripped or torn lawyer may be able to help you seek compensation for:
- Medical expenses: this may include hospitalizations, x-rays, surgeries, and physical rehabilitation.
- Property damages: if you damaged your phone, laptop, an expensive watch, or other property in your slip and fall, you may be able to seek the costs of fixing or replacing your items.
- Wages: if treating and recovering from your injuries results in your inability to work, you may seek compensation for past and future lost wages.
- Non-economic damages: this includes awards for pain and suffering and loss of enjoyment of life. For example, you could receive a sum to compensate for the long-term effects of a TBI and how this type of injury can impact your future and quality of life.
- Wrongful death: if your family member died from fall-related injuries, you can seek losses on their behalf. This includes the awards mentioned, plus survivor benefits under Florida Statutes § 768.21. This may include compensation for your loss of companionship and loss of future financial support from your loved one.
An attorney may be able to help you negotiate a settlement outside of court with the property or homeowner’s liability insurance provider. However, if you cannot reach a satisfactory agreement, your lawyer may assist you in taking your case to civil court. There is no time limit on insurance claims, but it is in your best interest to begin the insurance process as soon as possible. If your case goes to court, the law allows a limited time to take action. Consider reaching out to the Law Offices of Anidjar & Levine at 1-800-747-3733 today.
Florida’s Comparative Fault Law
In Florida, you can win compensation in a lawsuit even if you bear some or even the majority of the responsibility for your accident, as long as your proportion of fault is less than 100 percent. Florida Statutes § 768.81 outlines the state’s comparative fault law. It allows plaintiffs to seek compensation even if their accident was 99 percent due to their own negligent actions. Any settlement that the court awards will be reduced by your percentage of fault.
For example, say you tripped on torn carpeting in a hotel hallway, but the accident was partially your fault because you were looking at your cell phone instead of where you were walking. A court may decide the accident was 30 percent your fault. This means if you win $100,000, your awards would be reduced by 30 percent, or $30,000, leaving you with $70,000.
Call the Law Offices of Anidjar & Levine
A Miami slip and fall caused by carpeting that is ripped or torn lawyer may be able to help you seek compensation for your injuries. You should not have to find yourself scrambling to pay your medical bills and make ends meet because of a property owner’s wrongdoing.
At the Law Offices of Anidjar & Levine, we believe in doing everything we can to help our clients. You worry about getting better. We take care of everything else. Remember, we do not get paid unless you receive a settlement. Call our offices at 1-800-747-3733 to find out more about how we may be able to serve you.
We Can Help.