In a slip and fall case, it’s crucial to determine whether the property was properly maintained. Miami is affected by heavy rains, humidity, tourism, and a steady flow of foot traffic in office buildings, schools, shopping centers, and resorts. This means business owners must stay on top of maintenance to minimize risks for visitors. If you’ve experienced a fall and have been injured due to the negligence of another person or organization, contact a Miami slip and fall lawyer familiar with Florida laws.
For offices and residential buildings, it’s important to clean and maintain gutters and downspouts so water drains properly. Stairwells, steps, and handrails should be regularly inspected for issues or damage. Parking garages require frequent checks of the lighting, stairs, and stairwells.
Mats around doors and entrances should lie flat and not slide when people walk on them. The floor should be kept dry underneath, and it’s important to check for water leaks in and around windows. Surprise pools of water present hazards to employees and customers.
In Miami, resorts and hotels are slip and fall hotspots, as are pool decks, outdoor walkways, and lobby entrances. Thousands of people walk the sidewalks and pedestrian areas in and around Miami. If the concrete moves due to excessive rain or poor drainage, it quickly becomes a tripping hazard.
Poor maintenance leads to serious dangers. Common slip and fall causes include:
Preventive maintenance is key to keeping businesses safe and reducing hazards.
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Slip and fall injuries range from minor cuts to injuries requiring major surgery. They include:
Injuries often require medical intervention, physical therapy, and taking time off from work. Florida has a high number of retirees over 65 years of age, and a slip or fall injury is the leading cause of injury death among older adults. Slip and fall injuries are also the most common cause of nonfatal injuries and emergency room admissions for trauma. Medical facilities like Coral Gables Hospital and Baptist Health see many of these cases each year.
Florida slip and fall laws state that property and business owners have a legal duty to maintain premises for safety. They are legally liable for injuries where evidence exists or can be proven. A person injured through a slip or fall must prove the business had knowledge of the hazard and failed to address it.
You’ll want to hire a slip and fall lawyer to gather evidence like security camera footage, incident reports, and witness accounts. They can work to uncover how long the problem existed before a fall occurred. A Miami slip and fall attorney may also be able to identify previous legal actions taken against the liable party for the same or similar hazards.
Around 20-30% of adults who fall suffer from moderate to severe injuries, including hip fractures, concussions, or other severe brain injuries. Slip and fall injuries are serious, and they happen frequently in Miami. Legal representation from the Law Office of Alexander Alvarez, PA, can make the difference in successfully recovering medical expenses, lost earnings, and even continued care. Our team boasts decades of combined legal experience, and we’re prepared to work for the compensation you need.
The average payout for a slip and fall case in Florida varies based on the injury severity, liability evidence, medical costs, and comparative negligence. When someone is seriously injured in a slip and fall, they may have broken bones, spinal injuries, or a brain injury. The more permanent the injury, the higher the costs of medical care. This translates into additional compensation. In Florida, settlements are impacted by comparative negligence, which reduces compensation based on fault.
It may be hard to reach a settlement for a slip and fall case in Miami, especially without a lawyer’s help. The burden of proof for negligence means you must prove the business had actual knowledge of the hazard, which can make it difficult to prove liability. Insurance companies often push back, arguing that the victim was at least partially at fault. Evidence in slip and fall claims is difficult to control unless you’ve hired an experienced Miami slip and fall attorney.
Comparative negligence significantly impacts slip and fall settlements in Florida. Florida uses a modified comparative negligence rule that can reduce compensation or even bar a victim from compensation if the victim is more than 50% at fault. To prove that a company is liable for damages, evidence must be quickly stored and fully documented. Gathering and saving evidence helps prove that the accident was not the fault of the victim.
The time it takes to negotiate and settle a slip and fall claim can vary significantly. One reason is that insurance companies must wait until injuries have stabilized. Depending on the injury severity, this process may add significant time. When a case goes to court, it often takes even longer. Once a settlement offer is signed, it is considered complete, and a Florida insurer must make a payment.
Here in Miami, we believe in upholding justice. The legal team at the Law Office of Alexander Alvarez, PA, strives to help you receive the compensation you deserve for your slip and fall case. Contact us to schedule a consultation and get started today.
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“Mr. Alvarez not only is a great professional, but it also has excellent skills as a mediator, which to my knowledge, sometimes is better than an expensive litigation. He’s also a sensitive individual.” – Ed Gugliotta
Contact our firm in Miami online or by telephone at 866-270-0589 and arrange a free initial consultation. Personal injury cases are handled on a contingency fee basis, so there is no financial obligation to simply speaking with our firm and learning about your options.
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