Slip and fall and trip and fall accidents at Florida businesses like shopping malls, grocery stores, parking lots, banks, coffee shops, restaurants, and bars are common. Slip and fall accidents in Florida can result in serious, life-changing injuries such as broken bones that require surgeries and months of therapy, back and neck injuries like herniated discs and bulging discs, traumatic brain injuries, and death. Slip and fall and trip and fall accidents are considered to be “premise liability” cases under Florida law. Florida requires that business owners maintain their operations in reasonably safe conditions. If a business allows its premises to fall into disrepair it can be held responsible if it leads to an injury. For this reason, businesses are required to inspect, maintain, and repair their property in a reasonable condition.
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What can cause someone to get injured from slipping and falling in a store and how would the store owner be responsible? There are many different ways that store owners in Florida can be responsible to compensate you if you get injured on their property. For example, leaking A/C or plumbing pipes in ceilings can commonly cause liquid to pool on floors which can create slipping hazards. If a business owner knows about these leaks and fails to repair them they could be liable under Florida law if you slip and fall and are injured in their store.
Another common type of case that our Miami personal injury lawyers routinely investigate is trip and fall accidents. These can occur when there are cracks in the floor, sidewalk, and steps that can cause people to trip and fall.
One of the first things that our lawyers do when we investigate a trip and fall case and for the business is to request the CCTV footage of the incident. Most retailers in Florida have CCTV footage available that will demonstrate how and why, and where your accident happened. This is particularly true of big box retailers like Target, Home Depot, Costco, Publix, Dick’s Sporting Goods, Total Wines, Marshalls, TJ Maxx, and others. Unfortunately, most of these types of retailers will refuse to share the surveillance video with a personal injury lawyer representing someone who got hurt in or on one of their properties.
As a result, our law firm routinely has to sue the business owner to obtain a copy of the CCTV footage. We can’t rely on whatever representation a claims adjuster or defense lawyer may give us because we need to see the footage ourselves. Typically these types of CCTV videos will show that there was a spill that was left unattended or a wet and slippery floor that had not been properly dried or marked off that caused or contributed to our clients slip and fall accident.
Our vehicle accident lawyers in Miami have nearly 50 years of combined legal experience representing victims in traffic accidents across the state of Florida from the panhandle to Key West. Our offices are located in Coral Gables but we are available to meet with you on the telephone, Zoom, Skype, or Google meet. We are also available 24/7 to meet with you in a hospital or rehabilitation center.
Our Florida injury attorneys pride themselves on our ability to navigate claims against insurance companies and maximize our client’s recovery. We work on a pure contingency basis which means we don’t get paid unless we are successful in collecting money for you.
The most common type of injury that our Florida fall injury lawyers see are broken bones like arm, ankle, leg, and hip fractures. In addition, we often investigate claims where people who have fallen have had a serious head injury that is commonly diagnosed as a mild traumatic brain injury. These can be particularly dangerous for people who are taking blood thinners because when somebody hits their head that can lead to a serious injury known as a brain bleed.
If you have fallen in a Miami restaurant or other business and hit your head- the personal injury lawyers at Aronfeld Trial Lawyers strongly recommend that you seek immediate medical care to rule out a more serious brain injury. This is most frequently done at an emergency room that has the facilities to do MRIs and other types of diagnostic testing. We work closely with respected board-certified neurologists and neuropsychologists to understand the effects that a fall that has injured somebody’s brain may have on them for the rest of their lives.
People who have suffered from mild to traumatic brain injuries and other serious orthopedic injuries from a fall often suffer from a form of depression or other emotional and cognitive disorders. For example, we have seen many people who have suffered serious slip and fall accidents and are often diagnosed with a form of post-traumatic stress disorder that can affect their lives – by causing depression and a fear of leaving their house out of fear of falling.
Under Florida law, one has to prove the following to hold a business owner responsible for your slip and fall:
Florida premise liability law for “transitory substances” such as spilled drinks, wet floors, and other dangerous conditions that are not permanent is governed by Florida Statute Section 768.0755. This law says to hold a business owner responsible for your slip and fall:
The injured person must prove that the business owner had “actual” or “constructive” knowledge of the dangerous condition and should have taken action to fix it. There are ways to prove constructive knowledge by circumstantial evidence such as:
To prove these kinds of accidents, the slip and fall attorneys at Aronfeld Trial Lawyers utilize expert opinions by engineers and architects, and safety experts to determine the safety of areas where our clients are injured. We often go to the scene of accidents to take measurements and do tests such as analyzing the coefficient of friction of an accident scene in Florida and measuring steps, railings, and lighting.
Since 1991, Aronfeld Trial Lawyers has successfully represented thousands of injured people and their families across the State of Florida who have slipped, tripped or fallen at businesses like Burger King, McDonald’s, Wendy’s, Walmart, K-Mart, Publix, Disney World, Whole Foods Store, Universal Studios, Bayside Marketplace, Citi Bank, South Miami Hospital, and Versailles Restaurant.
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When considering the severity of your injuries, Florida law focuses on three important factors: (1) your past and future medical treatments for injuries caused by the accident and the associated cost, (2) past and future loss of wages caused by the accident, and (3) your pain and suffering as a result of the accident.
The first two factors above are more straightforward and merely require some simple calculation to determine a value. However, how does one measure the value of a person’s pain and suffering? This is the hardest factor to quantify, but often the most important to consider. This is why it is important to speak with a personal injury lawyer who will fight hard to protect your legal rights and who understands how to prosecute and win your slip and fall case today.
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Call 866-597-4529Send us a messageIf someone else’s carelessness caused a slip and fall and you were hurt, you may be entitled to compensation for medical bills, lost income and pain and suffering. A free consultation can tell you where you stand.
For most negligence claims, Florida’s deadline to file a lawsuit is two years from the date of the injury. Claims for wrongful death, medical malpractice and claims against government agencies follow different rules, so talk to a lawyer early.
Florida uses modified comparative negligence. If you are found 50% or less at fault, your recovery is reduced by your share of fault. If you are found more than 50% at fault, you generally cannot recover.
Get medical care, report what happened, photograph the scene and your injuries, collect names and phone numbers of witnesses, and avoid giving recorded statements to an insurance company before speaking with a lawyer.
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