Miami and Florida Slip, Trip and Fall Accidents
Under the body of law known as premises liability, property owners have a legal duty to safely maintain their premises and to keep the property free from hazards that may cause accidents and injuries. One of the most common accidents resulting from negligent property maintenance is the slip, trip and fall accident, also commonly known as slip and fall or trip and fall.
If you were injured in a slip, trip and fall injury that was caused by the negligence of the property owner, their management company or other responsible party, you may pursue compensation for your injuries, medical expenses, loss of income and more.
Causes of Slip, Trip and Fall Accidents
There are countless causes of a slip, trip and fall accidents. For example:
- Uneven flooring
- Bunched up, knotted carpeting
- Wet, greasy, or oily floors
- Broken or missing floor tiles
- Loose or missing stair handrail
- Broken or uneven stair
- Objects on floor, such as glass shards or food
- Hidden object, such as a nail under the carpet
- Improperly placed cables and electrical cords
- Incorrectly placed merchandise
- Inadequate lighting, such as a dark stairway
Each example above is a potential accident waiting to happen. Even the most athletic individual is no match for a defective stair that breaks underfoot. And, unfortunately, the majority of slip, trip and fall accidents happen to older victims.
Injuries that Commonly Result from Slip, Trip and Fall Accidents
Injuries from slip, trip and fall accidents commonly include broken hips, head injuries, traumatic brain injuries, comas, facial injuries, spinal and back injuries, paralysis, fractures of every extremity, and others. Some injuries may heal relatively quickly, but unfortunately, others require long periods of convalescence. The most severe injuries result in permanent disability and may require lifelong, round-the-clock care.
Different Types of Visitors to Property
There are basically three classes of visitors:
- Invitees – generally, these visitors benefit the property owner, such as shoppers in a store. Because the property owner invites these individuals on their property primarily for the property owner’s commercial benefit, they are owed the highest duty.
- Licensees – this group includes social guests, friends, family members and others who are not on the premises for commercial reasons. The property owner is generally not liable for hazards which they should have known about; rather, they are responsible for hazards they did know about.
- Trespassers – the trespasser is owed the least duty; however, it is unlawful for the property owner to intentionally cause harm to the trespasser.
Before a victim can receive compensation, they must prove that the property owner was negligent. The property owner may be negligent if they in fact knew there was some form of hazard, or if they should have known of the hazard but failed to take corrective action to repair it. On the other hand, if they knew there was a hazard but did not make others aware of it through a warning – such as a yellow floor stand with “Danger, slippery floor” - liability and fault may be established.
It is Not Advisable to Accept an Insurance Company’s Lowball Offer
Please understand that insurance companies are not on your side and do not have your best interests in mind. Many insurance company representatives try to induce the injured party into signing a lowball offer immediately after an accident. It is never advisable to sign an offer before consulting with your attorney. It is your attorney’s job to look out for you and make sure you get the maximum amount of compensation possible
You can reach Miami Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email J.P. directly at [email protected].