Articles Posted in Slip and Fall

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MIAMI BEACH – In our first “what to do after an accident” tip, we discussed what to do at the scene of an accident after the accident. The sum of it was to be consistent and complete. 

Now, in this tip, we will discuss what to do at the scene of a trip or slip and fall accident. We are Miami Beach and Miami personal injury attorneys and have represented thousands of people in auto accident cases. Jerome H. Wolfson, Esq. has been practicing for over 50 years. 

At a trip and fall or slip and fall, many times you won’t fully recognize how serious your injuries might be. Therefore, if a store employee or manager asks if you want them to call Fire Rescue or an Ambulance, it is best to be on the safe side and say yes if common sense and your body is telling you the same. 

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We are Miami Beach Personal Injury Lawyers and handle slip and fall or trip and fall cases against local businesses. A slip and fall negligence case against a property owner is a “premises liabilty” case. In such a case, the owner’s liabilty stems from his, her, or its ownership of the “premises” and the negligence that caused an injury to a prospective Plaintiff. Essentially, the landowner or renter is being held responsible for something wrong they did in maintaining a property which caused an injury to someone.

Slip and falls commonly happen in supermarkets, stores, businesses, offices, and other places. People injured in slip and fall accidents complain about back, knee, shoulder, wrist, and other injuries that range from ligament and tendon tears to fractures and broken bones.

But to be held liable, one must first show that the person, company, or business that was in possession of the property had a duty toward the injured Plaintiff. This “duty” means a requirement on the part of the premises owner / possessor to do something or refrain from and not do something.

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(In Miami Beach, Miami, Aventura, Coral Gables, Wynwood and Miami-Dade, Broward, Palm Beach Counties.)

Whether we undertake representation of an individual in a fall down, rear end collision, or any other negligence case, it is usual for us to expend costs on behalf of the client.

The contingency contract of the Wolfson Law Firm of Miami, Florida includes a precise agreement as to the percentage of the potential gross recovery that is agreed to as the attorney fee. We can send you a copy of the agreement to review. And we forward and pay any expenses that may arise before a lawsuit is filed. Any such expenses that we pay on behalf of an injured client is repaid to the law firm from the gross recovery. But this is ONLY if we recover money for you. If we don’t get you any money, we will not request a penny from you for any attorney fee or cost we expended. So, we forward all of the costs of pre-suit preparation or litigation and do not get reimbursed if there is not a recovery. You only pay if you get paid and get money from a settlement or verdict.      

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Personal injury lawyers and attorney’s who handle slip and fall or trip and fall cases treat and call them “premises liabilty” cases. That just means that a person or company’s liabilty arises out of their ownership of land, property, or “premises”. It could be a renter, owner, lessor, or lessee. But the basic point is that someone is being held liable because they own or maintain a premise or property.

But to be held liable, one must first show that the person, company, or business that was in possession of the property had a duty. A lawyer will look into who exactly owned the property or leased (rented) it at the time the accident happened.

Slip and fall cases are different that trip and fall cases. That is because the Florida Legislature passed a law making it so that slip and fall cases on a transitory or moveable object like water, soap, liquid, paper, glass, sand, plastic, or any other item that is moveable is treated differently.

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