Articles Tagged with Miami slip and fall lawyers

oliwier-gesla-635232-unsplash-copy-300x200You may not expect to be hurt due to dangerous conditions on property, but a report from the US Centers of Disease Control and Prevention reveals shocking statistics: Accidental slips, trips, and falls are among the top two causes of non-fatal injuries in the US. It is true that clumsiness may be to blame in some situations, but many other injuries occur because of preventable errors. You should discuss your circumstances with a Florida slip and fall attorney right away, but some answers to common questions about property-related accidents may be helpful. 

How do Slip and Fall Claims Work?

The familiar term “slip and fall” actually refers to a legal concept called premises liability in Florida. The foundation of these claims is negligence, a type of case that imposes a legal duty on property owners. If they fail to maintain the premises in a reasonably safe condition, they could be liable for a victim’s injuries. 

The winter months are upon us. The winter months bring with them several holidays, including Christmas, that bring about millions of shoppers. People all across the state of Florida flock to stores. With the massive amounts of people out there shopping, personal injury rates significantly increase. This post will focus on one type of personal injury in particular: slip/trip and fall. At Gerson & Schwartz, PA our Miami slip and fall lawyers have more than 44 years of successful experience representing clients who are seriously injured from a slip, trip, and fall and other premises liability accident cases. The attorneys at Gerson & Schwartz, PA obtain the advice from experts who use instruments to test floor slip resistance characteristics and provide further evidence of a property owner’s negligence. Our law firm thoroughly investigates each client’s case and will efficiently prepare a sound legal argument.

Florida Negligence and Premises Liability Laws

Slip and fall claims a form of premises liability laws developed from negligence theories.  Under Florida, law negligence is the failure to use reasonable care under like circumstances. Florida’s jury pattern instructions state that negligence is doing what a reasonably prudent person woudl do under like circumstances, or doing something or failing to do something that a very careful person would do under like circumstances.

It’s not often that a court has to determine what the law was, and what law applied, almost five years previously. But a recent slip and fall case has caused a court to evaluate whether a law changed back in 2010 should apply to an accident that happened in 2005.

Child Falls on Substance in a Mall

A woman alleged that in 2005, her minor son fell on a slippery substance in shopping mall, right near a Chick-Fil-A restaurant. She sued for his injuries, alleging the restaurant negligently allowed the foreign substance to remain on the floor, and knew or should have known it was there, thus creating a dangerous condition.