Miami Slip and Fall Lawyer
Slip and fall accidents occur far too often due to the negligence of property owners and their failure to inspect and repair dangerous conditions. The term “slip and fall” has the connotation of a minor accident or injury. On the contrary, slip and falls can result in catastrophic harm to a victim that includes traumatic brain injuries and death.
Victims of slip and fall cases can find themselves in a state of mental anguish between trying to stay current with medical bills and figuring out how to compensate for lost present and future wages. In this type of case, retaining an attorney for representation is crucial not only to ensure that a victim is compensated for injuries suffered but to also hold the liable parties responsible for the injuries they caused. Call the Law Offices of Prosper Shaked today to speak to an attorney about developing a plan of action to pursue your claim.
Types of Slip and Fall Cases and Associated Injuries
Slip and falls are a type of premises liability accident that occur in a vast variety of conditions and settings. No two slip and fall cases are the same, and they usually attributable to a property owner’s negligence. Some common types of causes and settings of slip and fall cases include:
- Uneven flooring
- Poor lighting
- Holes in the ground
- Improper shower drainage
- Faulty stairs
- Cluttered hallways and aisles
- Ladders and scaffolding
- Damages staircases and ramps
The kind of surface a victim falls on and the location of impact are two determinants in the kind of injuries that he or she will suffer from. Injuries sustained during slip and falls can range from mild to very severe. Some of the most common injuries stemming from 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
Determining Liability for Slip and Fall Claims
In order to prove fault in a slip and fall case, a victim must prove:
- The business or property owner did not maintain their property with reasonable care. The owner knew or should have known that there was a dangerous condition on the premises;
- The negligence of the business or property owner was the cause of harm to the victim; and
- As a result of the business or property owner’s negligence, the victim suffered damages.
To succeed on a negligence theory in a slip and fall case, a victim has to prove constructive knowledge on behalf of the business or property owner. Circumstantial evidence can prove that the business or property owner had constructive knowledge of the dangerous condition by:
- The unsafe condition was in existence for a length of time such that the owner would have discovered the condition if he or she exercised reasonable care; or
- The condition occurred with such regularity that its presence was foreseeable.
Sometimes, a victim is partially at fault for a slip and fall incident. This could be the case where the victim was using a cell phone at the time the accident took place or the victim was on a part of the property where visitors were not permitted to be. In this type of claim, Florida follows the Pure Comparative Negligence Rule. The Pure Comparative Negligence Rule states that damages that a victim recovers in a personal injury case will be reduced by the percentage he or she was at fault. For example, if a victim recovers $100,000 and is found to be 20% at fault, the victim will ultimately recover $80,000 since the $100,000 will be reduced by $20,000.
Florida Statute of Limitations for Slip and Fall Cases
Individuals who are injured in slip and fall cases in the State of Florida have four years from the time of the accident to file a claim. If the family of a victim who died as a result of a slip and fall accident wants to file a wrongful death claim, they have two years from the date of the victim’s death to file.
Call Miami Slip and Fall Attorney Prosper Shaked
In order to get back on your feet again after suffering from a slip and fall accident, it is important to fight for the compensation you deserve. Medical bills, lost wages, and pain and suffering are just a few of the damages that victims of slip and falls must seek just compensation for. An experienced slip and fall lawyer is essential in order to create the best litigation plan to right for your legal rights.
If you or someone you love have been injured in a slip and fall accident due to the negligence of a property or business owner, call the Law Offices of Prosper Shaked to speak to an experienced personal injury attorney. Call the Law Offices of Prosper Shaked today at (305) 690-0244 for a free consultation.