Representing Victims of Slip and Fall Injuries in Miami
Slip and fall cases are not the only type of premises liability cases we work with, but they are the most common. It is likely that every human being in the world has, at some point in their life, slipped, tripped, or fallen. What’s less common, however, is experiencing a slip, trip, or fall that is serious enough to result in significant injury, and that would not have occurred but for the negligence of another party.
At the offices of Dolan Dobrinsky Rosenblum Bluestein, LLP, our Miami slip and fall attorneys have represented countless clients over the years who have been harmed, and sometimes who have suffered life-threatening or life-changing injuries, in a preventable slip and fall accident. If you are recuperating from a slip and fall in Miami and think that someone else was to blame for the incident, contact our offices today for your free consultation.
Causes of Slip and Fall Injuries
Slips, trips, and falls, as stated above, are very common. Nearly everyone can recount a time in their life where, perhaps as a result of their own clumsiness, they have slipped or tripped. But missing a step or tripping over one’s own feet is not the only reason that these incidents occur; in many cases, slip, trips, and falls are the result of improperly maintained or dangerous premises. Consider these top causes of slip-and-fall injuries:
- Wet surfaces;
- Spills of various substances, including food and drink;
- Broken, cracked, or damaged flooring;
- Torn carpet;
- Lack of handrails;
- Lack of property safety equipment (common in the construction industry);
- Holes and potholes in walking surfaces;
- Broken stairs;
- Nursing home negligence or neglect;
- Broken elevators or escalators;
- Debris or items in walking areas; and
- Falling objects (also common in and around construction sites).
Liability for a Slip-and-Fall: A Property Owner’s Duty of Care
As is evident from the list provided above, in nearly all cases, the most common causes of slip, trip, and fall injuries are preventable. Not only are the conditions that lead to slip-and-falls hazardous, but they are also typically visible to the naked eye and correctable.
If a slip-and-fall occur on the property of another party, the property owner can be held liable for the event when all of the following criteria are satisfied:
1. The Property Owner Knew or Should Have Known of the Hazardous Condition
Most property owners know when dangerous conditions exist on their property, such as broken stairs. When a dangerous condition exists, the property owner is responsible for correcting it.
However, even if the property owner did not know of the dangerous condition, a plaintiff in a slip-and-fall claim may provide evidence that the property owner should have known of the condition because the condition existed on the property for a certain amount of time.
2. The Property Owner Failed to Correct the Hazardous Condition
As stated above, if the property owner knew or should have known about a dangerous condition on a property, but failed to correct the hazardous condition within a reasonable amount of time, they can be held liable for any injuries that result. What is considered “reasonable” varies on a case-by-case basis? For example, the amount of time that is reasonable to fix a pothole in the road will vary significantly from the amount of time that is reasonable to clean up a spill.
Keep in mind that a property owner can be held liable for failure to warn of a dangerous condition that has not yet been corrected. For example, if a property owner has broken stairs that are being used by visitors to the property on a regular basis, the owner should post a sign warning of the stair and advising visitors to use an alternate route.
3. The Dangerous Condition Was the Direct Cause of the Slip-and-Fall and Related Losses
Finally, you can hold a property owner liable for your injuries if you can prove the above two items and that the dangerous condition – and the property owner’s failure to correct it – was the direct cause of your slip, trip, or fall and related damages.
Keep in mind that other parties may occasionally be held liable. For example, in a nursing home slip-and-fall, the nursing home could be held liable for failure to properly attend to the resident. Or, in a construction slip-and-fall caused by defective safety equipment, the manufacturer of the safety equipment may be held liable for damages.
What Can I Do After A Slip-and-Fall in my Apartment Building?
Being a renter in Florida offers you some degree of protection against certain types of incidents and accidents that can occur in your apartment building. If you happen to slip-and-fall one day while in you are in your apartment complex, you may be wondering what actions you should take to deal with any financial obligations and consequences that occur as a result of your accident and potential injuries.
Step 1 Get Help – Stay where you were injured and call for emergency personnel and the property manager, even if you feel ok.
Step 2 Gather Evidence – Collect witness statements and take photographs.
Step 3 Create A Record – File incident reports with your apartment building (if they allow them) and local law enforcement.
Step 4 Seek medical attention – You may not feel hurt with adrenaline rushing through you and may not notice injuries directly related to your slip and fall. See a doctor even if you feel fine, there may be injuries you’re not aware of.
Step 5 Hire Legal Representation – To successfully receive help with medical costs and be compensated for your injuries burden of proof must be established.
Slip and fall cases can be difficult to prove in court. The more information you have directly after the incident along with an aggressive attorney will improve the outcome of your case.
Injured Victims Deserve Full Compensation
Those who experience slip, trip, and fall injuries in Miami and suffer harm deserve full compensation for their losses. Our talented Miami slip-and-fall attorneys can help you to prove liability and seek compensation for all damages, including:
- Medical expenses and future medical expenses;
- Any lost wages or future lost wages;
- Disability and disfigurement;
- Pain and suffering; and
- All other economic and noneconomic losses you suffer.
Remember that to seek damages for a slip-and-fall accident, you must file your claim within four years from the date of the incident. This law is found in Florida Statutes 95.11 and prevents negligence-based claims from progressing if more than four years pass.
You CAN Afford to Work with Our Law Firm
Whether or not you can afford our legal services should never be a question – you can afford to work with our law firm. That’s because we work on a contingency fee basis, where our fee is contingent on your winnings. If you don’t win your case, we don’t get paid. If you do win, our fee is based on a percentage of your settlement rather than an arbitrary out-of-pocket or hourly rate.
Contact Our Team Today
The process of working with an experienced Miami slip-and-fall law firm like ours starts with scheduling a free consultation. You can schedule your free consultation by calling us directly, or by sending us a private, secure message via the contact form on our website.
Finally, our lawyers have trial experience, which is essential when you are looking for a legal team for representation. While many cases do settle out of court, if your case goes to trial, you want an advocate working for you that knows what they are doing in front of a judge.
Trusting Words From Our Clients
“I have used Manuel Dobrinsky and he is more than excellent. Great communication. More than effective. It was a fantastic support for me having him during my process. Also I can say the best Lawyer I ever had.”
“I was not able to get anyone on the west coast of Florida to look at my case. Manny Dobrinsky took my case and won a settlement for me. He was very thorough and worked hard for me. His assistant Dameris was always there to help me and answer my questions. I was very pleased with this group.”
“I endorse this lawyer's work. Manny is one of the brightest trial attorneys that I know. He is an incredibly hard worker and always strives to achieve the best results for his clients. He excels in the Courtroom as well. I would recommend him without reservation.”A. Weinstein
“The very best there is! Great, talented lawyers, considerate, your best at heart, true human beings.”