If you suffered injuries due to a fall on someone else’s property, you could be eligible for compensation. Falls can cause a variety of injuries ranging from minor to life-threatening. Victims may suffer a traumatic brain injury or spinal cord damage, both of which may cause lifelong disability and other complications.
The losses from a slip and fall injury can be devastating. At the Law Firm of Anidjar & Levine, our mission is to help fall victims recover their injury-related losses, including:
- Lost income and earning potential;
- Medical and hospitalization expenses;
- Pain and suffering;
- Emotional distress; and
- In limited cases, punitive damages.
It is essential you speak with an attorney before you try to handle your claim yourself. Sometimes an insurance company will try to settle with you quickly out of court, before you understand the full extent of your injuries. Many fall victims fall for this tactic and miss out on the full value of their claims. Call 800-747-3733 to schedule a free confidential evaluation of your case with a slip and fall injury lawyer in Miramar.
What is a slip and fall case?
Slip and fall cases are under the umbrella of premises liability law. Under this law, a business owner, property owner, property manager, private homeowner, and other entities could be legally responsible for your personal injuries if a condition on their property caused your fall. In most situations, property owners and managers owe a duty of care to their visitors or guests to keep the property safe and free some hazards. Sometimes, even municipalities could be liable to you for injuries.
We can file a premises liability claim in situations where a property owner or other responsible party knew or should have known that a dangerous condition on the property threatened the safety of others.
This standard is sometimes called “constructive” knowledge. If the property owner claims they did not know of any hazards, they would need a good reason explaining why they could not have known. The law presumes that property owners regularly inspect their property to keep it safe.
If, despite actual or constructive knowledge of a hazardous condition, the owner in your case failed to remedy the problem or warn you of the danger, we can hold them responsible for any resulting injuries you suffered.
Slip and fall cases could result from any of the following common property hazards:
- Flooring that is not at a uniform level;
- Torn carpeting;
- Ineffective lighting;
- Improperly constructed or poorly lit stairs;
- Wet or slippery floors;
- Broken sidewalks;
- Unexpected protrusions; and
- Haphazardly stacked or precariously perched stock items.
We have helped many clients recover monetary and non-monetary damages after a slip and fall. We can file a claim against the property owner in your case so you get the compensation you need to recover.
Who can recover compensation for slip and fall injuries?
Under Florida law, trespassers cannot recover compensation if they fall on someone else’s property. If you were on the premises without permission, invitation, of after the owner has asked you to leave, you would qualify under this category. The only way a trespasser can recover compensation for injuries in Florida is if the property owner set intentional traps or purposefully created some other hazardous condition and failed to post warning notices.
Most people are not trespassers, though. Instead, they fall into one of two other categories: licensees and invitees.
What is a licensee?
A licensee is someone who enters onto property for his or her own reasons. Licensees are not trespassing, but they do not intend for their presence on the property to benefit the owner. Licensees typically include friends or other social guests. They can also include door-to-door salespersons or canvassers.
State law treats licensees similarly to trespassers, in that a property owner may not intentionally try to harm them, but does not owe them much more than that. The property owner needs only to refrain from purposefully injuring the guest to meet their legal duty.
What is an invitee?
Invitees have the highest level of protection under state law. Anyone who visits a property in order to do business with the property owner or manager is an invitee.
Property owners have a duty to keep their premises in reasonably safe condition for their invitees. They must repair hazards or provide warnings of any dangers present. That includes hazards that the property owner is either aware of or reasonably should know about.
Businesses must protect invitees who are on their property for commercial reasons. If you fell while you were at a grocery store, hotel, or gas station, you qualify under this category.
If you were visiting a public place when you fell, we can hold the municipal organization in charge of the property liable. Common sites of a public slip and fall accident can include libraries, parks, sidewalks, or municipal buildings. This duty of care only applies if you were on the property during regular operating hours.
We can help you determine your status and evaluate a property owner’s liability for your claim. Our skilled lawyers can provide you the help you need to win your case.
Proving Liability in Slip and Fall Cases
Proving slip and fall cases can be difficult. Since victims can suffer traumatic injuries after a fall, the settlements can be quite high. That adds incentive for a business owner to avoid admitting fault and paying out after a fall occurs on their property.
The attorneys at the Law Firm of Anidjar & Levine can help. We can stand up against any defense the property owner tries. If you fell on government property, we will work within the confines of the law to prove that the municipal organization is not immune from paying for your damages.
If a property owner’s negligence caused your fall, contact us today. We will file a premises liability claim on your behalf against the responsible party to get you the compensation you deserve.
Call 800-747-3733 to speak with a knowledgeable slip and fall injury lawyer today. We offer free case evaluations, so you have nothing to lose by making the call.