SLIP AND FALL ACCIDENTS AND INJURIES

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.

SLIP AND FALL AT A FLORIDA STORE

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.

INVESTIGATING AND PROVING SLIP AND FALL CASES

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.

FALLS IN OLDER ADULTS IN FLORIDA BUSINESSES ARE COMMON PERSONAL INJURY CASES

According to the CDC: Falls in adults 65 and older are one of the leading causes of death for people in that age group. In 2019 alone, 34,000 individuals of ages 65 and older died as a result of a fall. In addition, there were over 3 million emergency room visits of older adults due to falls each year. The cost of medical care for treating adults who have fallen exceeds $50 billion a year most of which is paid by Medicare and Medicaid. Fall deaths are actually on the increase in the United States with one out of every five falls causing a serious injury such as a broken bone, or traumatic brain injury. As a result of falling, over 800,000 patients are hospitalized most often due to traumatic brain injuries or hip fractures. Most hip fractures are the result of somebody falling sideways such as slipping or tripping and falling on a wet or slippery surface in a grocery store from a spill due to a broken bottle of liquid like wine or beer. Fortunately, most falls do not cause serious injuries. However, one out of every five falls does cause a serious injury that results in a broken bone or traumatic brain injury. These types of injuries often leave people unable to take care of themselves or tend to everyday activities.

SPEAK TO AN EXPERIENCED MIAMI CAR ACCIDENT LAWYER TODAY

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.

BRAIN INJURIES FROM MIAMI SLIP AND FALL ACCIDENTS

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.

CAUSE OF FALL DOWN INJURIES AND ACCIDENTS IN FLORIDA

There are a lot of different reasons that can cause or contribute to somebody falling and getting hurt in a Florida restaurant, theme park, bank, grocery store, or shopping mall. These are commonly referred to as “risk factors” such as vision problems, lower body weakness, and use of medications or sedatives. These are commonly referred to in the law as pre-existing conditions but they are not an excuse for property owners to fail to properly maintain their businesses and eliminate fall hazards such as broken or uneven steps, or other tripping hazards such as merchandise on the floor, pallets, torn carpets and rugs or broken tiles. Most slip and trip and falls are usually a combination of pre-existing conditions, occasionally alcohol consumption, and the failure of a business to probably maintain its property in a reasonably safe condition. Since 1991, top-rated Miami slip and fall lawyers at Aronfeld Trial Lawyers have successfully represented injured people across the State of Florida who have slipped, tripped, or fallen at businesses like Walmart, K-Mart, Publix, Disney World, Whole Foods Store, Costco, Universal Studios, Bayside Marketplace, Citi Bank, South Miami Hospital, Versailles Restaurant, and many others. If you have tripped or fallen at a business, store, restaurant, or amusement park and have been hurt, even if you were on the clock at the time of your injury; we are prepared to help you and urge you to obtain immediate medical care and consult with our office as soon as possible.

PROVING AND WINNING YOUR SLIP AND FALL CASE IN FLORIDA

Under Florida law, one has to prove the following to hold a business owner responsible for your slip and fall:

The Property Owner or Property Manager Owed You Duty Of Care
The Property Owner or Property Manager Breached That Duty
The Breach of the Duty Caused You To Suffer Injuries
Actual Damages Were Suffered.

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:

The dangerous condition existed for a period of time that under “ordinary care” the business should have known or could have known of the dangerous condition.
The condition occurred regularly and was therefore foreseeable.

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.

DETERMINING THE VALUE OF YOUR CASE

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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.

HOW MUCH IS MY SLIP AND FALL ACCIDENT CASE WORTH?

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The extent of your injury and how it prevents you from doing the physical activities that were once a part of your daily life–whether it be walking, driving, taking care of your family, exercising, or performing physical tasks required of your job–is taken into consideration by our premier Miami personal injury lawyers when determining your pain and suffering and the value of your case. Has your ability to earn a living been affected by the accident? How much money have you lost from the accident? You may be entitled to apply for short-term or permanent disability. This will often depend upon how many working years you have ahead of you. This is called future lost wages and the loss of earning capacity. You may be entitled to receive money for both. Especially if you are no longer able to find good work in your particular chosen field. Damages in this scenario may include the difference between what the injured parties would have earned without the injury and what they will likely earn after the injury. This happens for instance when long-haul truckers lose their licenses because they can no longer pass the mandatory physicals after a life-changing accident and injury. For over 35 years, we have represented families of people injured across the State of Florida in slip and fall accidents. If you have been involved in a slip and fall accident in Florida whether at a shopping mall, supermarket, or theme park, call Aronfeld Trial Lawyers for a free initial consultation regarding your legal rights as an accident victim.

Miami-based Aronfeld Trial Lawyers was established by Board Certified Trial Lawyer, Spencer Aronfeld in 1991. The firm represents cases resulting in serious injuries in the areas of Defective Product Liability, Maritime Law, Automobile Accidents, Premises Liability, Cycling Accidents, Slip and Fall Incidents, Wrongful Death, Medical and Dental Malpractice, Civil Rights Claims, Workplace Injuries, Sexual Assault, and others. Every client receives the full benefit of our experience, our resources, and our commitment. The practice of personal injury law is our calling. We are a firm of high-profile, nationally recognized legal advocates who work for you, our client, never big business. All attorneys and staff members at the firm are bilingual speaking Spanish. To learn more, visit https://www.aronfeld.com/ or contact Aronfeld Trial Lawyers directly at (305) 441-0440.

SLIP AND FALL ACCIDENTS AND INJURIES