Slip and Fall
Slip and fall, trip and fall, or premises liability accidents are likely to result in serious injuries. Slip and fall accidents can happen in private homes or in commercial businesses like Walmart, Costco, CVS or Publix. Trip and fall accidents can take place on sidewalks, driveways or even in a yard when some hazard is hidden by the grass. Premises liability accidents can occur when a heavy box or lumber fall on a customer. If you or a loved one is injured in a slip and fall, a trip and fall or in a premises liability accident, the Miami slip and fall lawyers at the Wolfson Law Firm may be able to assist you in recovering money damages. There is a time limitation to bring your claim so it is important to consult a lawyer as soon as possible. It is very important to know what to do after a slip and fall accident in Miami.Determining Liability for a Slip and Fall Accident
Assuming your Miami slip and fall accident attorney can establish by a preponderance of the evidence that the property owner or their agent or employee was negligent then you can recover financial compensation from the property owner. This means that you and your slip and fall lawyer will need to prove a few things: the duty of the property owner; a breach of that duty by the property owner or by the owner’s employees: causation between the negligence and injuries, and then your actual damages.
Premises liability accidents can happen in many different ways. The most common examples are slip and falls and trip and falls. Other times merchandise forcefully injures or even kills a customer or bystander. A property owner may have a duty to provide security and fails to keep an area safe and that leads to injuries or fatalities. The action that causes the injury can be negligent or intentional and both can make a property owner responsible. The simple act of failing to pay attention can be a breach of the duty owed. The failure to keep an area clean and maintained can also be a breach.
Think about a breach of duty as a broken promise. A retail store or restaurant invites you to come into their establishment. They want you to spend your money. They strategically place items for sale in your line of vision. Advertisements and lighting is all optimized to encourage you to buy and to be a customer. But the unspoken promise of the business is “We will keep the floor clean and clear. This place is safe. You don’t need to worry – we have your back. Now please buy something”. When they break that promise and that causes you to be seriously injured, you will need to speak with a Miami slip and fall lawyer to protect yourself.Miami Slip and Fall Accident Lawyer Investigation
The property owner could be a private company or a public entity. If it is a public entity like the state of Florida, Miami-Dade County or a local city like Miami, Miami Beach, Aventura, Doral or any other municipality, then the law requires that they be placed on notice. The public entity then has 6 months to investigate, settle or deny your claim. Most of the time, your claim will be denied.
If the property is owned by a private person or company, the Miami slip and fall lawyers will first look to the Miami-Dade Property Appraiser’s office to determine exactly who the legal owner of the property is where the slip and fall happened. Typically, the Miami slip and fall attorney will send a notice letter to the owner requesting that the owner give the lawyer’s notice letter to the insurance company.
Other areas of investigation can involve a search for public records for evidence of prior instances where some other person was hurt in the same or similar fashion. This can be valuable evidence that the property owner knew of a hazardous situation but did nothing to fix it. This would help to prove that the property owner breached their duty – they broke their promise.Miami Slip and Fall Expert Witnesses
Experts are often consulted by our Miami slip and fall lawyers. We will hire experts who specialize in physics, engineering and the Florida Building Code. These experts can examine the floor to figure out if it is too slippery or painted with the wrong materials. Measurements are taken and scientific testing is performed and the results are compared with the Florida Building Code. If the property is not in compliance with the Florida Building Code, that can be evidence of a breach of duty by the property owner. It can also cause your Miami trip and fall lawyer to file suit against the builder or manufacturer for damages.
Once a personal injury lawsuit is filed, your Miami slip and fall lawyer can ask the court to order the defendant to produce documents. Typical documents include cleaning records, incident reports, videotape of the store, photographs, policy and procedure manuals. Insurance defense attorneys usually fight to keep records out of the hands of Miami premises liability lawyers. But our attorneys are aggressive and regularly go to court to obtain the evidence necessary to prove your slip and fall case.Call a Slip and Fall Lawyer in Miami
A Miami slip and fall attorney might be able to tell you if you have enough evidence to bring a case against the insurance company for the property owner. The first consultation with our Miami trip and fall lawyers is free so it doesn’t cost you anything to speak with us.
At the time of the free consultation, our premises liability accident lawyer will take your statement and begin gathering information. Our attorney can also contact the insurance company to let them know that the Miami slip and fall accident lawyer will now handle any further communications. This enables you to work on your recovery and not be concerned with insurance company adjusters trying to contact you.
There is no particular length of time to settle a claim against an insurance company for injuries sustained in a trip and fall, slip and fall or a premises liability accident. If your injuries are of a serious nature, the Miami premises liability lawyer representing you will want to make sure they have all the medical reports, medical bills and proof of lost wages in evaluating your case for full recovery.
At Wolfson Law Firm, our Miami slip and fall attorneys can help you proceed to pursue financial compensation from any responsible property owner, retail store, dining establishment or public agency who might be responsible for your injury. Call us at 305-285-1115 to set up a free consultation with a Miami slip and fall accident attorney.
The Miami Personal Injury Lawyers at the Wolfson Law Firm represent people injured in all aspects of personal injury and wrongful death including:
- Car Accidents
- Miami Florida Car Accident Lawyers and Attorneys
- Drunk Driving Accidents
- Rollover Accidents
- Head-on Collisions
- Motorcycle Accidents
- Truck Accidents
- Uninsured / Underinsured
- Pedestrian Accidents
- Premises Liability
- Wrongful Death
- Medical Malpractice
- Slip and Fall
- Slip and Fall on Public Property
- Slip and Fall on Private Property
- Other Types of Slip and Falls
- Cruise Ship Accidents
- Boating Accidents
The Wolfson Law Firm in Miami has been helping personal injury clients and the families of wrongful death victims for over 55 years. Jonah Wolfson is a bilingual personal injury attorney in Miami and is available to speak to you now.
The Wolfson Law Firm also represents slip and fall accident victims in Hialeah-Miami Lakes, Coconut Grove, Palm Beach, Delray Beach, Allapattah, Homestead, The Roads, North Miami Beach, Kendal, Westchester, Riverside, Tamarac, North Beach and other cities throughout South Florida.
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