Slip and Fall Attorney Miami

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Introduction to Miami Slip and Fall Accidents

Every year thousands of people are injured severely from slip and fall liability cases. Many factors are the cause of these accidents. Landlords and business owners are responsible to keep all common areas in a property in a reasonable safe condition.

Slip and Fall Definition

The phrase slip and fall is utilized to meet a certain number of accidents. Generally, a slip and fall accident occurs when a person loses the balance, falls and resulting injuries occur; all this happening in someone else's property.

Slip and Fall Attorney Miami

Slip and fall accidents have the potential to change your life in a negative way, only if you allow it. When you are injured in one of these accidents you can understand how devastating they could be, specially if you don’t have the help of a slip and fall attorney Miami. Although places should be kept safe at all times, this is oftentimes not the case. Slips and falls are accidents and that’s what the law is there for, to take care of them. Attorneys lead the way on legal issues. A slip and fall attorney Miami can help you avoid all the unnecessary stress associated with these types of cases, save you time and money.

Types of Miami Slip and Fall Accidents

  • Trip and fall: When a person falls due to unrepaired damaged flooring or merchandise accumulated in an risky manner
  • Step and fall: Occurs when the fall is caused by a hole during the trajectory
  • Slip and fall: The fall occurs on a wet or slippery floor, absence of warning signs in the appropriate places

Slip and fall accidents can occur in any place any time and may involve different types of unsafe conditions. These conditions could be poor lighting, torn carpeting and moist soil among others. It is also considered cases of slip and fall when someone falls due to rain, ice and snow. However, we all have the responsibility to watch where were going.

slip and fall liability cases

Under Florida law, homeowners and business owners must keep their properties in a reasonable safe condition for customers, guests or people who are renting. If they know that any part of the property is not secure, this problem should be solved as soon as possible.

slip and fall accident in Commercial Premises

To be legally responsible for the injuries suffered by someone when slip or trip and fall on another persons property occur, the following events have had occurred:

  • The fall must have been produced by wear of surfaces, slippery floor or broken items.
  • The owner of the premises must have had knowledge of these dangerous areas, but did nothing about it.
  • They should have known of the existence of dangerous areas, because a reasonable person who takes care of your property should have realized this defect and repaired without being told.

The last scenario is the most commonly seen in these cases, but is more difficult to understand between the other two, due to the phrase should have known. The culpability in these instances is decided by common sense. The law is to decide whether the owner or occupier has been careful about keeping the property reasonably safe. Sometimes just the fact that the property owner was aware of the conditions of risk and did nothing for protecting the safety of their clients is enough to hold them responsible for the injury reason.

In cases of slips and falls in commercial premises, there are regularly many people or entities that may be held accountable for someones injuries. For instance, if an entity rents a place to an owner of a property, both the landlord and the tenant can be accused by someone who has been injured on the premises. In that case, the tenant is known as an owner of property and has the responsibility to take reasonable care of the facility under its control to avoid injury from customers. The owner also has culpability because he should maintain the property.

slip and fall injuries occurred in Residential Property

Regarding the residential environment, the owners may be convicted for injuries caused by slips and falls both tenants who are renting the property to any third party. For this to happen it must be shown that:

  • The owner is to blame for the problem that caused the slip and fall.
  • Repairing that problem should not have been too expensive or difficult.
  • The individual suffered serious injury for the issue not being corrected.

Steps to follow after a Miami Slip and Fall Accident

  • Seek medical attention as soon as possible. You should prioritize your health. In addition, you will need to have the issue confirmable in order to receive compensation for your medical expenses injuries. In addition, evidence of actual injury is the major source of proof.
cases of slips and falls in commercial premises
  • Promptly communicate the accident to the manager of the store, owner, homeowner, or person responsible of the facility where you fell. If the accident occurred in a business or rental unit, the manager or the owner must take the accident report. You should also get names of owners and managers of the property.
  • Get a copy of any report of the accident that caused the fall, before leaving the scene.
  • If you slip and fall limit yourself to talk, avoid making any detailed statements about the fault.
  • Take photos and notes the exact place where the accident occurred and any conditions that may have contributed to or caused the fall. These pictures are very important in determining who is at fault. Besides, they can make clear whether the facts provoking the accident were under the control of the indicted.
  • Write names, addresses and telephone numbers of witnesses.
  • Save clothing and footwear you were wearing at the time of the accident.
  • Get in contact with a Slip and Fall Attorney Miami before give recorded statements to insurance adjusters.

Slipping and falling accidents can be regarded as a legal event when someone is injured on property or premises when the owner or occupant has failed to maintain the property secure or created a dangerous situation resulting in the slip and fall injury.

The role of slip and fall attorney Miami in premises liability claims

Whether you are chasing an insurance settlement or personal injury claim to win your case you will have to be able to demonstrate that another person, usually the landlord, is responsible for your injuries. However, property owners do need to be careful in keeping up their property. The owners are more than willing to take accountability after an accident has occurred in their facilities because they know the repercussions they may face with the demand (customer loss, bad reputation, apart from paying a large sum of money to claimant). But when the topic is about slip and fall cases, owners and managers are rarely solely responsible for the compensation of the affected people, also insurance companies are responsible for payment.

Having an experienced Slip and Fall Attorney Miami to take your case can help you get the experienced guidance you really deserve.

Our Gallardo Law Firm in slip and fall cases

For years, our personal injury lawyers have been helping victims of slip and fall accidents. They know all the difficulties that may occur when submitting a claim for a slip and fall event in other peoples property.

We center our attention on personal injury and Insurance law and work belligerently to get the outcome you deserve. Our Slip and Fall Attorney Miami works with safety and medical experts who testify on issues from serious back injuries.

Recent changes in Florida law have had an adverse effect on the rights of victims of slipping and falling. If you need legal advice and representation about a slip and fall accident, find a personal injury lawyer in Gallardo Law Firm.


Gallardo Law Firm in Miami

Frequently Asked and Answered Questions about Miami Slip and Fall Accidents

A person injured may have a case against the city in a situation like this, because municipalities are obliged to keeping the streets and pavements repaired. The injured party might have a favorable case against the city if he can prove that the sidewalk was not in perfect condition and on account of this was that the accident happened. There are time limits and requirements for filing the notice of complaints to the municipalities. A Slip and Fall Attorney Miami can advise you about what to do in these cases.
Most of the time, the law recognize that a landlord "should have known" about a hazardous condition when it has been around for a long time, so that a reasonably thorough person should have seen.
If the injured party wins the case, the Court shall decide how much money to offset the injury. That quantity may include:
  • Medical expenses.
  • Wages not received, either at the time of injury and time to be off work for injuries.
  • Permanent Disability
  • Emotional Distress
  • Other expenditures directly related to the injury
Each slip and fall accident is evaluated on each case individually. The values of claims vary widely depending on the circumstances of the accident, so it is impossible to give an overall figure for assessing an accident of this type. Some cases end up with large sums in verdicts or settlements, while others have less value.
When someone falls, for example, in a family member’s front steps, suing the loved one never crosses the mind. These misunderstandings are very common in slip and fall accidents. It’s important to remember that you are not suing the property owner but the insurance company therefore the homeowner’s insurance will cover the costs. It’s up to you if you want to sue or not. Insurances are there to take care of things when they happen.
Some common causes for slip and fall are:
  • Worn down, torn or raised carpet
  • Poor lighting
  • When foods and drinks are spilled
  • Pavements with defects
  • Holes in the ground
  • Damaged handrails
  • Damaged wires and electrical cords
This is not required by law. Nevertheless, when it happens in a business or store, there may be a policy requiring a report. Accidents reports are great because they have significant evidence about the accident. Those in charge of filling out the reports can gather information relevant to your case.
Sometimes a minor injury can become a problem later on. You should be examined at an emergency room or by your doctor as soon as you can. Your treatment will be determined by your medical providers. If you are not satisfied with your treatment, you can always seek a second opinion. Just follow your doctor’s recommendations.