Slip and Fall on Private Property
A slip and fall is one of the most commonly reported personal injury accidents, especially those that occur on business or commercial property. Thousands of people are injured every year – some very seriously – after tripping on torn carpet, slipping on a wet floor or loosing balance on an uneven surface. Especially here in Miami, where the weather can be unpredictable and where construction seems to be never-ending, slip and fall accidents abound. But whether the incident resulted in severe injuries or not, it is important for all slip and fall victims to understand their rights and know if they are entitled to file a claim.
Victims of slip and fall accidents are entitled to recover compensation for their injuries, including money damages, medical costs and lost wages, if the person responsible for the property was found to be at fault for the incident. Slip and falls can happen on either private or public locations. When dealing with a private location, including a business (restaurant, department store, construction site or even someone’s residential property, the first thing a victim must do is determine liability. There are times in which the property owner is responsible for the accident, but there are times in which they are not. Our job here at Wolfson & Leon is to make sure that your rights are protected, especially if there is sufficient evidence proving the property owner was responsible for the incident due to an act of negligence or some other form of wrongdoing.Types of Slip and Fall Cases at Private Property
Property owners have a responsibility to maintain their property and ensure it meets city and state safety guidelines. When they fail to do so, they may be found liable for a victim’s injuries if they slip and fall in the premises. Filing a slip and fall personal injury case in is a complex process, but our Miami personal injury attorneys will see to it that every detail of your case is taken care of so the best possible outcome for your claim can ensue.
There are four main types of slip and fall accidents victims can file claims over with the help of our Miami personal injury lawyers:
- Slip and fall caused by loss of traction
- Slip and fall caused by loss of balance
- Slip and fall caused stumbling over an obstructed surface
- Slip and fall caused by tripping over a foreign object
Victims may slip and fall because of a worn or cracked surface, slippery floor, uneven flooring, or even because the owner failed to provide a warning for a dangerous area. If you or someone you know was injured in any type of slip and fall accident in Miami, Wolfson & Leon can help you obtain the damages you rightfully deserve – especially if the property owner was aware of the dangerous conditions.Determining Liability for a Slip and Fall on Private Property
In order to establish grounds that the slip and fall accident was the property owner’s fault, one of the following must be true:
- The owner of the property or an employee at the site caused the dangerous condition of the surface on which the victim slipped. This includes causing a liquid spill, carpet tear or other condition that would render the site prone to an accident.
- The owner of the property or an employee at the site was aware of the dangerous surface but did nothing to fix it.
- The owner of the property or an employee at the site should havebeen aware of the dangerous surface because a “reasonable” property owner or caretaker would have noticed the dangerous surface, and worked to have it cleaned, repaired or removed.
The majority of slip and fall cases usually argue the third factor because all property owners or caretakers have an innate responsibility to maintain the property site or area in good condition for the public. If the person in charge of the property was negligent in keeping it safe, they are likely to be found liable for failure to maintain a safe environment or workplace.
When a slip and fall takes place on private property, the victim has a right to obtain legal help to file for damages if they can show the accident was caused by the property owner’s negligence in maintaining a “reasonably” safe and clean establishment.
A business owner may be liable for the incident if any of the following conditions have occurred:
- If the victim slipped or tripped over worn, torn, broken, or loose carpeting.
- If the area where the victim slipped and fell was slippery or wet.
- If the slip and fall was caused by a dangerous crack on the floor of the building or areas in the establishment, such as the sidewalk, parking lot, garden, etc.
- If the victim slipped and fell on broken glass.
- If the property owner failed to correct the dangerous conditions that caused the slip and fall after knowing about it. For example, the property owner knew a staircase had a loose banister but failed to have it fixed within a reasonable amount of time.
- If the property owner failed to regularly examine, clean, repair, or maintain the premises.
- If the victim tripped over or slipped on an object that was on the floor or ground that the property owner or someone working at the establishment left behind carelessly.
- If the property owner failed to show proper notice of a construction or work area or of a wet surface or failed to provide a barrier to prevent people from entering the dangerous area. For instance, the floors of a business property had just been mopped but there was no notice or indication to exercise caution because of a slippery floor.
Establishing liability for a slip and fall isn’t easy, but after years of successful experience representing personal injury victims, our attorneys know exactly what to do to take on your case and protect your rights. If your slip and fall accident was the direct result of a property owner’s negligence, our personal injury lawyers in Miami will help you file a case and will handle all the details involved in proving property owner liability for the incident. We will investigate the accident site, speak with the property owner and managers and look into the establishment’s records of safety to help you obtain the maximum possible recovery for the incident.
Wolfson & Leon understands the careful attention to detail it takes to secure a favorable verdict for slip and fall victims and we stop at nothing to help our clients obtain justice for their pain and suffering, whether the incident resulted in minor wounds or life-changing and debilitating injuries.
Contact Jerome Wolfson, Esq. and the personal injury team at Wolfson & Leon today for more information on slip and fall cases and to discuss your options in filing a claim.
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