Miami Slip & Fall Accident Lawyer: Helping Slip and Fall Victims for over 26 Years
To win a slip and fall claim in Florida you must show the property owner knew — or should have known — about the dangerous condition and failed to fix it. For falls on spilled substances in a business, Florida Statute 768.0755 requires proof of actual or constructive knowledge. You have two years from the date of the fall to file suit.
Did you get hurt from a slip and fall accident in Florida? Were you injured or on a cruise ship or boat? If so, we want to represent you. At Suarez & Montero, we’ve represented people who were injured in a slip or trip and fall cases, and other accidents at a premise, for over 26 years. If you or a loved one sustained an injury that was caused by negligence, our Florida slip & fall attorneys can assist you with taking swift legal action. With 26 years of experience to our name, we are the kind of law firm you want on your side. Regardless of the severity of your injuries, we are determined to help you seek justice by holding the person or party responsible for your injury accountable. Should you choose to entrust your case to our firm, we will guide you through each step of the claims-filing process so that you never feel overwhelmed or confused. In an effort to provide timely and reliable legal assistance, we make ourselves readily available. Contact our Florida slip & fall attorneys today for skilled legal assistance.
Why Is It Important to Understand Slip and Fall Claims?
In order to understand slip and fall cases, it is important to explain the basic principles and rules of law applicable to premises liability cases in Florida. These principles of law are used to determine the liability of owners or occupants of real property for negligence causing injury to persons or property by reason of defects therein or hazards created by the activities of such owners or occupants, or by their agents and employees. It is also important to understand the distinctions between invitees, licensees, and trespassers with respect to the legal duties owed to them. Persons who own or occupy premises may be liable for the injury to or death of a person on or near the premises that are under their occupation or control.
Premises liability is the name for the area of law that determines who will be responsible for your injuries when a person or company owns or is in legal possession of a piece of property. Liability, under a cause of action for premises liability, is based on the negligence of the property owner or occupant in allowing licensees and invitees to enter an area on the property, without warning, where that owner or occupant could foresee that such persons might be injured by a dangerous condition on the property that is not readily apparent. Next, the law differentiates between the types of persons who may be injured by a condition on a premise. The categories include trespassers, licensees, and invitees. A licensee is one who enters or remains for his own convenience or to advance his own interests, pursuant to the landowner’s permission or consent, and includes social guests and invitees. An invitee is one who transacts business in which the parties are mutually interested or when the public is expressly or impliedly requested or intended to enter or remain.
How Common Are Slip and Fall Accidents in Miami?
When an accident involves a slip and fall it is important to speak with a Miami slip and fall lawyer, people rarely react to it seriously and tend to laugh it off usually. People do not take them seriously, but it is these accidents which are the most common way how Americans are hurt every year. In most of the cases of slip and fall incidents, the damage or harm done is minor, but some major serious injuries can occur. In fact, millions of persons are injured each year from slip and fall accidents. These types of accidents can occur at any given time and is usually caused by the negligence of one or more persons. There are many types of conditions that exist on premises that can be dangerous.
More than one million people go to the emergency room each year for a slip and fall accident. The number of people who need emergency medical care because of a slip and fall accident is about one million every year. That comes out to be about 2,000 people per day in the U.S. Out of the almost 8 million emergency room visits that occur on a yearly basis, about 12% percent of those visits are due to slip and falls. According to the Center for Disease Control (CDC), falls are the leading cause of injury-related death among adults age 65 and older, and the age-adjusted rate of fall death is increasing. The ageadjusted rate of fall deaths is 62 deaths per 100,000 older adults and this rate is increasing. Fall death rates among adults age 65 and older have increased more than 30% from 2007 to 2016. The increase was observed in 30 states and the District of Columbia. The fastest growing rate was among adults aged 85 and older (4% per year).
What Types of Injuries Are Caused by Slip and Fall Accidents?
Injuries sustained during slip and falls can range from mild to very severe. Some of the most common injuries stemming from Miami slip and fall accidents include:
- Shoulder injuries
- Neck injuries
- Cuts and abrasions
- Sprains and fractures
- Back and spinal cord injuries
- Broken bones
- Fractured bones
- Head injuries
- Soft tissue injuries
- Traumatic brain injuries
- Death
What Factors Determine Liability in Slip and Fall Accidents?
Persons sustain injuries all of the time due to another person’s negligence. When it occurs on someone else’s property, there is an added level of complexity in determining liability and proving your case to receive compensation from a homeowner, business owner, or government entity. It is important to point out that a trespasser may recover only for damages willfully or deliberately caused by landowners. A Licensee may recover only for damages caused by a landowner’s unreasonable failure to exercise reasonable care with respect to dangers created by the landowner of which the landowner actually knew; or a landowner’s unreasonable failure to warn of dangers not created by a landowner that are not ordinarily present on property of the type involved and of which the landowner actually knew. An Invitee can recover only for unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.
Individuals can sustain injuries in all types of locations and places. Oftentimes, persons have no idea who is responsible for maintaining the property where they sustained injuries. A landowner (or one otherwise responsible for the condition of premises) cannot avoid responsibility to injured parties by delegating its legal responsibilities to independent property managers. At the same time, however, in a landlord-tenant situation, absent some agreement to the contrary, the landlord is not considered to be the “person in possession” of the property, the tenant is entitled to possession of the leased premises to the exclusion of the landlord, and the landlord who has transferred that possession is not liable for injuries resulting on the premises. However, property owners or property management companies won’t always be on the hook when someone gets hurt. Whether you’re filing an insurance claim or a lawsuit, you’ll need to show that the property owner knew or should have known of the danger, the property owner did not take reasonable actions to remove the danger or protect others from harm, and If not for the property owner’s negligence, you would not be injured.
Additionally, the burden of proof lies with the plaintiff in premises liability cases. To elaborate, to be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else’s property, one of the following must be true: the owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot, the owner of the premises or an employee must have known of the dangerous surface but done nothing about it, the owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
How Do I Prove Negligence After a Slip and Fall Accident in Florida?
In a negligence case, the plaintiff must prove by competent evidence each material fact essential to recovery by a preponderance of the evidence. Specifically, to sustain a cause of action for negligence under Florida law, the burden of proof is on the plaintiff to establish that: (1) the defendant had a duty to protect the plaintiff; (2) the defendant breached that duty; and (3) the defendant’s breach was the proximate cause of the plaintiff’s injuries and resulting damages. An invitee must prove a breach of one of the duties owed to him or her in order to recover for injuries suffered from a dangerous condition on the property. There must be: (1) evidence so that the jury can conceptualize a standard of conduct such as that of a reasonable person possessing a similar property; (2) evidence with respect to the defendant’s actual actions, such as the extent and frequency of inspections of the property; and (3) a comparison of the actual conduct against the theoretical “reasonable” conduct.
What Steps Should You Take After a Slip and Fall Accident?
Getting hurt in a slip and fall isn’t something that you plan for. When the unexpected happens, you may be scared and confused. While you want to do everything as right as possible after a slip and fall, you may not even know where to begin. What you do after a slip and fall can impact your ability to get a fair recovery for your losses. Here’s what to do after a slip and fall accident.
Get Medical Attention
Visit a doctor immediately after a slip and fall so that you can get treated for your injuries and so that you can document your injuries in case the need for litigation arises at a later time. Going to the doctor right away prevents the other side from having any chance to say that you got your injuries in another way.
Inspect the Scene
Make sure you know what caused your fall and try to figure this out immediately after your fall if possible. This is because the best time to investigate this is immediately after it occurs. Look around you. If you can pinpoint the cause of your fall, you can work backward to determine what the store owners and employees might have done differently to prevent the slip and fall from happening.
Take Photographs
While the jury can listen to what witnesses have to say and visualize the scene, it’s more powerful if the jury can look at photos. Even if you’re not sure what you’re taking a picture of, take photos of the scene.
Find Witnesses
Witnesses are critical to verify your version of events. If your slip and fall happens at a business, other customers might be your best witnesses. When you work with a good slip and fall lawyer, they will follow up with witnesses quickly. They’ll ask them for a detailed statement in writing. If there aren’t third-party witnesses, you may still have a strong claim for recovery. However, having witnesses in your corner can prevent the defense from trying to deny your version of events.
Why Should You Contact an Attorney Immediately After a Slip and Fall?
It is the other side’s goal to pay you as little as possible. When you talk to the other party or their insurance company, they might take what you say out of context. They might also completely twist your words or claim that you said something that you didn’t say. When you work with an experienced attorney, they can handle the negotiations with the other side.
Call our Miami Slip and Fall Lawyer for a FREE Consultation Today.
Slip and fall accidents are among the most common types of personal injury cases in Florida. If you have been injured in a slip and fall accident, it is important to understand your legal rights under Florida law. Slip and fall accidents can lead to serious injuries, they must be taken seriously. If you or someone you love slipped and fell on somebody’s property, they might be eligible to receive financial compensation so to be able to pay for the medical expenses, lost income or other things involved. Talking with an attorney may make it easier to get the money or other resources needed in order to make a full recovery, or as close to a full recovery as possible. Compensation may be available to help pay, both now and in the future, for lost wages and medical bills that were incurred as a result of the injury. Let the slip and fall accident attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. For further information and proper legal advice, call the Miami slip and fall attorneys at Suarez & Montero for a free consultation.
Schedule a FREE Consultation ! Call 305-631-1911
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
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Frequently Asked Questions
How much do personal injury lawyers charge for their services?
We accept personal injury cases on a contingency fee basis, which means we don’t charge our clients out-of-pocket legal fees unless we recover compensation. This allows injured victims to retain our legal services without having to worry about their financial situation. We are relentless when pursuing maximum compensation for our clients so that they can cover the costs associated with their injuries without being financially impacted.
What kind of evidence should i try to obtain for my slip and fall case?
Get the name, address and contact number of any of the witnesses of your fall. If you got injured at a retail store, make sure you file a slip and fall accident report with the manager. They will then document your narrative of the injury. This will be a valuable proof to represent your accident case. Ensure that you ask for and get a copy of the accident report before you leave the premises. Also, save all or any of the evidence you can get your hands on and keep that item which led you to lose your balance and fall.
What is the difference between actual and constructive notice in florida slip and fall cases?
If you have a slip and fall injury in Florida, it’s important for you to understand the difference between actual and constructive notice and how it applies in a personal injury case. The Florida Legislature has codified the notice requirement for the property owner or operator. According to Florida Statute, 768.0755, “if a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” Actual Notice is quite simple – it means that the business establishment literally knew of the dangerous condition. Most slip-and-fall cases are based on constructive notice, as actual notice can be quite difficult to prove. In a Florida slip and fall case, constructive notice may be shown by a dangerous condition that existed for such a length of time that in the exercise of reasonable care the condition would have been known to the owner of the property or a condition that occurred with regularity and was therefore foreseeable.
What is a Proposal for Settlement and How Does it Work?
A proposal for settlement is a pretrial litigation tool. In Florida, a plaintiff may serve a proposal for settlement no earlier than 90 days after effecting service of process on a defendant in the case. No proposal may be served later than 45 days before the trial date or the first date of the docket on which the case is set for trial, whichever is earlier. If the defendant does not accept the settlement offer within 30 days and the plaintiff’s net recovery against the defendant is at least 25% greater than the settlement proposal, the plaintiff is entitled to an award of attorneys’ fees and costs. There are several different provisions that must be included in a settlement proposal.
How long do I have to file a slip and fall lawsuit in Florida?
Slip and fall victims in Florida have two years from the date of the accident to file a negligence lawsuit, under the shortened deadline that applies to accidents occurring after March 24, 2023. Claims against government property owners require an additional written notice before suit. Photographs, incident reports, and witness names gathered early make proving the claim far easier.
What if I was partly at fault for my slip and fall?
Florida uses a modified comparative negligence rule. You can still recover damages if you were partly to blame for your fall — for example, by not watching where you walked — but your compensation is reduced by your percentage of fault, and if you are found more than 50 percent at fault you recover nothing.
