South Miami Sip and Fall Attorney
One of the most common types of accidents that can occur in someone’s home, outside, or at a business is a slip and fall. While someone individuals suffer on minor injuries in a fall, others can be seriously hurt. The elderly and those with medical conditions are particularly at risk. Also, falling a significant distance or onto an object may increase the likelihood of a serious injury. If you or a loved one were injured after slipping on another person or business’s property in South Miami don’t wait. Contact a South Miami slip and fall attorney at Gerson & Schwartz P.A for help. You can contact us at (305) 371-6000 to schedule a free consultation
South Miami is home to more than 11,650 individuals who make up more than 5,000 households. The area also has a busy economy, including The Shops at Sunset Place, South Miami Hospital, and many other local, national, and international businesses. The town’s central business district is directly connected to downtown Kendall, downtown Miami, and Miami International Airport through the Miami Metrorail. All of this is to say that South Miami is a thriving community where many people choose to live, work, and play. However, like any community, it experiences hardships. Residents and visitors may be involved in an accident, which can lead to minor, moderate, or serious injuries.Common Causes of Slip and Fall Accidents
Slip and fall accidents are exactly what their name says. You slipped due to a substance on the floor or the flooring itself, lost your footing, and fell. The collision of your body and the ground is typically what causes harm, including bone fractures, dislocated joints, strains and sprains, traumatic brain injuries (TBI), and back and spine injuries.
Slip and falls can occur for all sorts of reasons. One of the most common causes is a wet, slick, or slippery floor. This condition may arise due to a spilled substance – something that is not normally there and should not be there. Under Florida law, this is known as a foreign or transient substance.
Other common causes of slip and fall accidents include inadequate lighting, loose or defective handrails, uneven stairs, and debris or food on the ground.
Whether your accident was caused by a spill, recently waxed floors, or some other hazard, call one of our slip and fall attorneys for South Miami. We will thoroughly investigate your accident to determine who controlled the area in which you were hurt, who was at fault, and who is liable for compensating you for your injuries.Florida Law Regarding Slip and Falls
A slip and fall is a type of personal injury claim that falls under premises liability law. Under premises liability, landowners, property managers, and operators are legally responsible for the safety of their property and the safety of their guests on the property. The owners or operators have a legal duty to provide reasonably safe premises for their business and social guests, and if they fail to uphold this duty, could be held liable for their guests’ injuries.
The specific duty the owner or operator owes you depends on why you are on their property, such as a business customer, social guest, or trespasser. Business customers and clients are owed the highest duty of care, while trespassers are owed the lowest. A slip and fall lawyer for South Miami from our law firm will carefully review your case to determine the property owner’s duty of care toward you and whether the owner violated that duty.
Also, Florida has a specific statute that addresses spills. Under Florida Statute 768.0755, if you slip and fall on a transitory foreign substance in a business, you must prove that the business had actual or constructive knowledge of that dangerous condition, and that the business should have acted to remedy it.
Actual knowledge means that a person who is an agent for the business or employed by the business was aware of the problem. Construction knowledge means it can be presumed someone part of the business knew. The statute says constructive knowledge can be proven if you show:
- The dangerous condition exists for such a long time that, in exercising ordinary care, the business should have known about the condition, or
- The condition occurred regularly and was foreseeable.
This statute is very business-friendly. It puts a great deal of pressure on your shoulders to prove that the business should be held responsible. If you cannot prove actual or constructive knowledge, then you may not recovery any compensation for your injuries. This is why it is so important to have an experienced attorney by your side during a premises liability claim, such as a slip and fall.Call Our South Miami Slip and Fall Lawyers Today
Following a slip and fall accident, you may not know who to turn to. You may not know what your legal rights are, or your options for receiving compensation. Our attorneys at Gerson & Schwartz P.A. are here to help. We will carefully review your circumstances and advise you of your rights and options. We will discuss the possibility of pursuing compensation through a premises liability lawsuit or an insurance claim. Many slip and fall cases can be resolved through an insurance settlement and do not need to go to trial.
To talk with us about your situation, call (877) 475-2905 to set up a free consultation.