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Florida Winn-Dixie Slip and Fall Accident Attorney

Slip and Fall Attorneys in Miami Who Fight for the Rights of the Injured

The supermarket culture of the South would not be the same without the steadfast presence of Winn-Dixie. Since 1925, it has been a constant appearance across the southern states. It is now a part of the second largest supermarket chain in the American Southeast.

Like other grocery stores, Winn-Dixie has many slips, trips, and falls in its premises on an unfortunately regular basis, and many victims sustain extremely serious injuries that result in substantial losses. If you or a loved one has been injured in a slip and fall accident at a Winn-Dixie store, contact Gerson & Schwartz to protect your legal rights. Our Miami slip and fall lawyers fight hard to ensure that our clients are fairly compensated for injuries caused by someone else’s negligence.

Employees are Injured, too

While the classic slip and fall accident usually involved a customer slipping on some sort of produce or liquid, the fact remains that employees can be injured in grocery store slip and fall accidents, too. According to the Occupational Safety and Health Administration, falls account for a full 17 percent of disabling injuries in the workplace. Slip and fall accidents can result in severe injuries and permanent losses – particularly when the employee is using heavy machinery or performing physically demanding tasks.

The severity of worker injuries is painfully apparent in the case of a Texas employee of a Kroger supermarket. Asked to clean a puddle that had accumulated under a condenser, Randy Austin slipped, fracturing his femur and dislocating a hip. He was hospitalized for nine months and underwent six different surgeries as a result of his injuries.

While many workplace injuries must go through the Florida workers’ compensation system, there are several scenarios in which an injured employee can file a personal injury claim after being injured in a workplace accident. Additionally, personal injury claims typically result in significantly more compensation that the benefits provided by workers’ compensation. As a result, it is always a good idea to have a Miami personal injury lawyer review your case after you have been injured on the job.

What an Injury Victim Must Prove to Win a Slip and Fall Case

The common law imposes a general duty of care upon all business owners to maintain their premises in safe condition. The Florida Statutes further clarify this duty by requiring a slip and fall injury victim to prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. (Actual knowledge is proven by an employee actually knowing about the condition, whereas constructive knowledge is proven by establishing that the business should have known of the condition.) Constructive knowledge can be established by circumstantial evidence that: (a) the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition, or (b) the condition occurred with regularity and was therefore foreseeable.

What Causes Slip and Fall Accidents at Winn-Dixie?

There are many reasons that a slip and fall accident can happen in Winn Dixie or any other grocery store in the Miami area. Some of the most common that entitle victims to compensation include the following:

  • Liquid spills
  • Inadequate lighting
  • Uneven stairs
  • Torn carpet
  • Malfunctioning doors, elevators, or escalators
  • Debris in walkways
  • Slippery floors
  • Exposed electrical wiring
  • Improper flooring materials
Call Us Today to Speak with a Miami Slip and Fall Lawyer

The Miami personal injury attorneys of Gerson & Schwartz represent employees, shoppers, and other injured in grocery stores across Miami, Florida. Our attorneys have litigated numerous personal injury claims caused by the negligence of another, and our law firm will fight hard to enforce your legal rights. If you or a loved one has been the victim of a personal injury accident, contact our firm today to schedule your free consultation. You can also call (305) 371-6000 or email us directly with any questions about your case at Se Habla Español.

Client Reviews

I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User