Slip and Fall Negligence
At Wolfson & Leon, our Miami slip and fall lawyers handle slip and fall negligence cases as part of our Miami premises liability practice area. Call us anytime for your free consultation at (305) 285-1115.
“Slip and fall negligence” are a series of words that describe both what happened to a person and what we need to prove in order to recover money. What happened is easy to understand – someone slips on something and that someone falls. But, for some, the idea of slip and fall negligence is a little bit more complicated. There are some peculiarities about slip and fall negligence. Here they are:
- In slip and fall cases, negligence as a concept is different than it would be in a car accident case.
- Slip and fall negligence is different based on the different types of ways that you might slip and fall.
- Slip and fall negligence is different based on the different places or premises that you slip and fall.
- Slip and fall negligence is different based on what you slip on.
- Slip and fall negligence is harder to show if you slip on something that is open and obvious.
- If you do not know what you slipped on, you cannot show slip and fall negligence and you do not have a case.
- If the best you can say truthfully is that you assume you slipped on something that caused you to fall, but can’t be sure, then you may not be able to show slip and fall negligence at all.
- If you slipped and fell in a store on a transitory or moveable thing like water, a piece of fruit, etc., you can show slip and fall negligence by showing that the business had active or constructive knowledge of the condition. This is Florida law.
- To show slip and fall negligence in a business establishment, your Miami slip and fall lawyer can use actual or constructive knowledge through circumstantial evidence that shows either (a) That the substance was there long enough that the business knew or should have known it was there; or (b) That the condition occurred with regularity and the business knew or should have known of it.
- To prove slip and fall negligence in a business, your Miami slip and fall lawyer can show something like water was there long enough through the description of the condition. This includes footsteps through the water and sometimes tracks from grocery carts through the substance.
- If you slipped and fell in a business establishment on a transitory substance and there is no evidence at all as to how long the condition was there, you will lose your case because you cannot show any slip and fall negligence occurred.
- You cannot get money for just falling on someone’s property. It does not matter how serious the injuries are. If you cannot show that there was some slip and fall negligence, then your Miami slip and fall lawyer cannot recover any money for you. (There is a limited exception you can ask our Miami slip and fall lawyers about where there is medical payments coverage.)
The majority of slip and fall negligence cases happen in a business establishment on a transitory or moveable substance. These cases have specific laws that apply to make it harder to recover. We discuss this above.
We handle cases against supermarkets, mega stores, and business’s like Walmart, CVS, Publix, Tropical Supermarket, Presidente Supermarket, K-Mart, Winn-Dixie, and Walgreens. These stores can provide us with great services. But they are not perfect. We trust them to keep us safe. But sometimes, they miss the mark and commit slip and fall negligence. This may be due to a single employee or an overall failure of standard operating procedures. When that happens, you Miami slip and fall lawyers at Wolfson & Leon are ready to fight to make sure they pay for the harm they caused you.