Miami premise liability lawyers know that Walmart measures everything. They know their numbers. Consider this:
Young woman falling on wet floor
Ever wonder how to win your Miami slip and fall injury case?
The law in years past has vacillated in slip and fall cases in business establishments involving water or other similar transitory substances. For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.”
The law in years past has vacillated in slip and fall cases in business establishments involving water or other similary transitory substances. For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.” Kenz v. Unicco, 116 So. 3d 461 (Fla. 3rd DCA 2013). In Kenz and for the foreseeable future, a Plaintiff must show evidence that the Defendant had actual or constructive notice of the condition that caused him or her to slip and fall and be injured.
Suffering a slip and fall can be both dangerous and embarrassing. If you suffered a slip and fall because of the negligent behavior of another party, you may be able to recover damages.
To recover damages, an attorney would have to prove not only that the injured party slipped and fell, but also that the owner of the property was liable. Then, we would need to prove that it was foreseeable that the property owner’s negligence would create the danger that caused your injury.
It is common for floors to get wet, pavement to become uneven and slip and falls to happen. It is for that reason that not every instance of a slip and fall accident should result in a lawsuit. Business and homeowners cannot be expected to catch every item or liquid on the ground immediately. They cannot be held liable for every slip or trip that occurs on the premise. There is a level of responsibility for one’s own actions that need to be taken into account before pursuing a personal injury lawsuit due to a slip and fall accident. A personal injury lawyer will be able to go over the details of your accident with you and confirm whether or not you have grounds to make a claim.
When it comes to determining liability for injuries related to a slip and fall accident in Florida, certain things need to be taken into account. Whether or not the owner of the property or an employee caused the spill or knew about the source of danger on the premises and failed to do anything about it for example. These cases revolve around common sense; had the owner taken reasonable measures to provide a safe environment? Where they neglectful of maintaining a safe environment? To win a slip and fall case, you must show how the property owner was liable for the accident. You must also be able to show you suffered a significant injury directly caused by their negligence. This is why consulting a personal injury attorney is so important.
Your attorney will be able to go over the details contributing to your fall such as; poor lighting, broken furniture or railings, lack of signage warning people of any potential dangers or barricades preventing entry into a risky area of the property. Whether or not a lack of proper building inspections and regular maintenance had a hand in your accident.
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.
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.
Miami Personal Injury Attorney Blog