Miami Accident Lawyer Blog
Recovering for Slip and Fall Injuries in Florida
Slip and fall personal injury cases are included in premises liability personal injury claims in Florida. In a slip and fall case, injury victim needs to establish that he or she was lawfully on the premises and slipped and fell because the property of a dangerous condition on the premises. Negligence can be established by the showing that the Defendant property owner either created the dangerous condition, or that the dangerous condition existed on the premises for a sufficient length of time that the property owner either knew or should have known of the condition but failed to act in time to warn, or to correct the hazard. Under Florida law, slip and fall accidents and premises liability laws are found under Florida Statutes Section 768.0755, also known as “Premises liability for transitory foreign substances in a business establishment. Under Florida law, slip and fall accidents usually arise from a wet, foreign or transient substances. These types of slip and fall injury claims are commonly filed against grocery stores, department stores, and other common areas in shopping centers, and other retail establishments.
In a slip and fall case, the accident victims must show that the property owner or operator had “notice” of the condition that caused the victim injury. And that that the owner or operator failed to act on this knowledge in a reasonable manner. Because the hazardous condition was not remedied, the victim fell and suffered injury. Consider a case where a woman is grocery shopping. She does not see a puddle of water on the floor. She slips in the puddle and falls, breaking her hip. After reviewing security footage and interviewing employees, it is determined that the water was on the floor for 30 minutes before the woman fell. In this situation, one can argue that the store had notice of the spill because they should have known of the condition and did not discover it in time or take action to warn or clean it up. Therefore, the store would likely be liable for the woman’s injuries.
On the contrary, if water had been spilled just two minutes before the woman slipped and fell, the grocery store would have a strong argument that it was not liable. Since only a short amount of time had passed, it may not be realistic to argue the store had adequate notice of the spill. There are exceptions to this rule of course. If the condition was one that occurred with regularity or t a store employee was responsible for the spillage, then liability may be imposed.
Timing, investigation and discovery is key in slip and fall claims. An experienced personal injury attorney in Miami Florida, will carefully study the facts of the case and will request all evidence needed to establish a claim, such as employee records, incident reports, surveillance footage, medical records, and similar items. A lawyer can then determine how, if at all, the store or another establishment was liable for the victim’s injuries. In most cases, the store will argue the victim was at least partly responsible for the injuries he or she sustained. However, only a skilled slip and fall attorney will be likely be able to establish liability and demonstrate if the store is ultimately legally responsible under Florid law, for the hazardous condition it failed to remedy in a timely manner. Damages in slip and fall cases vary depending on the nature and extent of the injuries. To protect your legal interests, you should speak with an attorney as soon as possible.
Consult our personal injury attorneys to discuss your legal options after injured in slip and fall.
In every personal injury case, plaintiffs must demonstrate how another party’s negligence caused them harm. At Gerson & Schwartz P.A., our attorneys are knowledgeable in the various theories of negligence liability under Florida law. We help our clients obtain the maximum compensation. To schedule your free consultation with our lawyers, call (877) 475-2905 or visit our website at injuryattorneyfla.com.