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, a slip or a fall can result in catastrophic harm to a victim that includes traumatic brain injuries and death.
Victims in these types of trip and fall situation 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 experienced slip and fall 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 suffering 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.
Common Types of Slip and Fall Cases
In legal terms, a slip or a fall are both types of premises liability cases that can occur in a vast variety of conditions and settings. No two situations are the same, and they usually attributable to a property owner’s negligence. Some common types of causes and settings of slip or fall incidents in Miami 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 these kinds of accidents include:
- Shoulder problems
- Neck damage
- Cuts and abrasions
- Sprains and fractures
- Back and spinal cord damage
- Broken bones
- Fractured bones
- Head injury or trauma
- Soft tissue damage
- Traumatic brain damage
Determining Liability for Slip and Fall Accident Claims in Miami
In order to prove fault in a slip or fall case in Miami, Florida, a slip and fall attorneys must prove:
- The property or business proprietor 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 property or business proprietor was the cause of harm to the victim; and
- As a result of the property or business proprietor’s negligence, the victim suffered damages.
To succeed on a negligence theory in this type of case, a victim has to prove constructive knowledge on behalf of the property or business proprietor. Circumstantial evidence can prove that the property or business 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, insurance companies consider a victim to be partially at fault for any slip or fall injuries that have occured. This could be the case where the victim was using a cell phone at the time the personal injury happened – or the personal injury 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 slip and fall injuries 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 or fall type incidents 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 or 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 Lawyer Prosper Shaked Today
In order to get you or a loved one back on your feet again after suffering from a slip or a fall, 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 in an injury case. 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, trip or fall accident due to the negligence of a property or business owner, call the Law Offices of Prosper Shaked to speak to an experienced Miami slip, fall and personal injury law attorney. Call the Law Offices of Prosper Shaked today at (305) 694-2676 for a free consultation.