A slip and fall might seem harmless, but these injuries can actually cause brain trauma, spinal injury, and other serious conditions. Something as simple as a wet floor at the supermarket or a loose stair at a friend’s apartment complex could leave you with piles of medical bills, lost earning capacity, and lots of pain. If someone else’s negligence led to your slip and fall, you deserve compensation for your injuries.
The experienced attorneys at the Law Firm of Anidjar & Levine can examine the details of your case, gather evidence, and seek damages from the responsible party or parties. We will pursue your case aggressively from beginning to end. Call 800-747-3733 to set up a free consultation with a slip and fall injury lawyer in Hialeah.
What kinds of slip and fall accidents can I win damages for?
Regardless of the circumstances of your fall, we can look at the facts and build a case on your behalf. Common causes of slip and fall accidents include:
- Slippery floors, such as due to spills or water leaks;
- Poorly maintained property, such as uneven pavement or potholes;
- Unmarked obstacles, such as a missing stair; and
- Loose or missing handrails on staircases.
This list is not exhaustive, so regardless of the details of your injury, we would love to talk to you. Chances are, another party shares in the responsibility for your injury and we can pursue them to get you the compensation you deserve.
Is someone else responsible for my injury?
Florida law requires property owners to keep their properties reasonably safe from hazards. The term “reasonably” can be nebulous here, and in fact, many slip and fall cases hinge on how the courts interpret its definition. But in essence, the law states that if a property owner is aware of a potential danger or hazard, he must correct it promptly. In the meantime, the owner must provide visitors clear warning of its existence.
For instance, suppose a large crack opens in the floor of a warehouse. It is significant enough to pose a danger to anyone who might unknowingly sink a foot into it while walking. Once the owner or property manager becomes aware of the problem, he must make immediate arrangements to have the floor repaired. However, because it is difficult or impossible to have the floor fixed right away, the owner must take steps in the meantime to protect visitors from the hazard, such as roping off the area and posting signs.
The property owner in your case will likely argue either that he was unaware of the hazard or that he offered reasonable protection from it. Our job is to produce evidence to refute these claims and demonstrate that he is liable. We can do this by using surveillance video, photographs, eyewitness statements, police reports, and medical documentation to show what happened.
When is the property owner not liable for my slip and fall injury?
According to state statutes, property owners bear no liability for slip and fall injuries in certain situations. If the injured party was a trespasser or uninvited guest, was engaging in horseplay or unsafe behavior, or was under the influence of drugs or alcohol, the property owner is not responsible for the fall.
That said, even these situations are rarely cut and dry. For instance, while a property owner has no duty of care to a trespasser or uninvited guest, this does not mean he can set up booby traps or rig his property to intentionally injure someone. Likewise, the definition of horseplay or unsafe behavior leaves much room for argument and interpretation. Sometimes, a court will assign partial damages, stating that the injured party and property owner share responsibility for injuries sustained.
An experienced attorney from the Law Firm of Anidjar & Levine can help you iron out situations such as these and put the best argument forward. Like many legal battles, the plaintiff and defendant in a slip and fall case often recount the incident from vastly different perspectives. Our job is to make your perspective the one that is the most compelling and backed by the strongest evidence.
How do we prove that another party is responsible for my slip and fall injury?
Our job as your representation is to prove that another party’s negligence caused your injury. This is a four-step process.
Duty of Care
We have to establish that the other party had a duty of care to you. This means proving you were an invited guest to the property. If the responsible party is a store or business open to the public, this part is easy. But if, for example, your injury occurred at an apartment complex or on a private beach, we would need to conduct interviews with witnesses and potentially subpoena communication records to establish your right to be there.
Breach of Duty
Next, we must prove that the property owner or manager breached his duty of care to you. We do this by showing that he did not tend to the hazard in a reasonable time or provide you sufficient warning of its existence.
An important part of our job is linking the hazard to your slip and fall injury and showing causality. We do this through photos, video, witness interviews, and medical evidence.
Finally, we have to show that you sustained measurable damages as a result of your injury. This part of the process determines not only if we win your case but also how much compensation you receive. We can amass extensive evidence to show the full cost of your injury.
The Law Firm of Anidjar & Levine can help you with your slip and fall claim.
A slip and fall injury case potentially has millions of dollars at stake, so you want to make sure you have the right attorneys working on your behalf.
At the Law Firm of Anidjar & Levine, we have years of experience helping our injured clients receive the maximum compensation for their injuries. We will pursue your case aggressively so you can focus on your recovery. Call our office today at 800-747-3733 for a free consultation.