Slipping and falling on a wet floor or other hazardous obstacle can lead to serious injury. If you’ve been hurt in such an accident, you may be entitled to compensation from the responsible party.
A Miami slip and fall accident lawyer can review the details of your case and determine your eligibility to file a claim. With over three decades of combined experience, The Schiller Kessler Group is well-equipped to handle fall-down accident claims.
Our Miami personal injury lawyer is ready to discuss your case and explore your legal options. Reach out to us today for a free consultation.
What to Do After a Slip and Fall Accident
Falls are a leading cause of unintentional injury-related deaths in the U.S., according to the National Safety Council (NSC). While a slip-and-fall accident may catch you off guard, your response is important.
Our attorneys suggest taking the following steps after an accident:
- Call 911 to get medical personnel and police to the scene for assistance.
- Inform the property owner or business owner of your accident and try to obtain a copy of the accident report.
- Collect contact details from any witnesses and ask if they would be willing to provide testimony.
- Preserve your shoes in a plastic bag, as any debris on them could serve as evidence.
- Use your phone to document safety hazards, your injuries, and the accident scene.
Seek medical treatment immediately and refrain from speaking to insurance companies or anyone connected to the property until you’ve consulted with our personal injury attorneys.
It’s also wise to avoid discussing your accident on social media, as posts could be used to downplay your injuries. We can answer any frequently asked questions you may have or provide legal advice—a Miami slip and fall accident lawyer can help guide you through the process.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Common Causes of Slip and Fall and Trip and Fall Accidents in Miami
Slip and fall accidents can happen in a variety of settings, often due to a property owner’s negligence. Whether it’s a public space or a private residence, these incidents can lead to serious injuries.
Here are some common causes of slip and fall accidents:
- Uneven surfaces: Irregularities like damaged tiles, loose carpeting, or poor design can create hazardous walking conditions.
- Poor lighting: Inadequate lighting, especially in areas with uneven surfaces or stairwells, increases the risk of accidents.
- Unsafe stairs: Many properties in South Florida have stairs with uneven treads, risers, or missing handrails, which are not up to code.
- Holes in the ground: Property owners must either repair or clearly mark dangerous holes to prevent accidents.
- Spills: Unattended spills are a leading cause of slip and fall incidents. If a business fails to address spills promptly, they may be held liable.
- Drainage issues: Improperly managed water leaks can create slippery surfaces, leading to falls.
Common places slip and fall injuries occur include:
- Restaurant or bar
- Nightclub
- Grocery store
- Sporting event venue
- Hotel or resort
- Hospital or nursing home
- School or daycare center
- Playground or park
- Parking lot or garage
- Shopping mall
- Airport terminal
- Cruise ship
You might have a valid slip and fall claim if you tripped and fell while walking on the sidewalk. This is why it’s so important to reach out to a lawyer immediately after the injury—it may have been preventable.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Common Slip and Fall Injuries in Miami
The severity of injuries from a slip and fall can depend on the surface you land on and which part of your body takes the impact. These accidents can lead to anything from minor discomfort to life-altering harm.
Here are some common injuries resulting from slip and fall accidents in Miami:
- Neck injuries and spinal cord injuries
- Broken bones and fractures
- Traumatic brain injuries (TBIs) and head trauma
- Shoulder injuries and soft tissue injury
- Cuts, abrasions, sprains, and back injuries
If you’ve experienced any of these injuries in Miami-Dade County, you might consider filing a personal injury lawsuit to seek compensation for your pain and suffering.
Slip and Fall Accident Liability
When facing dangerous conditions that lead to a slip-and-fall, it’s important to establish who is responsible. While a skilled Miami slip-and-fall accident lawyer can assist you, proving that an at-fault party is liable remains critical. Without clear evidence, accident victims may not receive the compensation they deserve.
The liable party could be a homeowner, business operator, or even a government entity. An attorney can help identify who is responsible for your injuries and build a compelling case to demonstrate that you bear no responsibility for the accident.
We recognize the difficulties accident victims face in proving liability. Our experienced legal team is here to help you gather evidence and craft an argument that resonates with a judge or jury. For more information, reach out to us today.
How to Prove Liability in a Miami Slip and Fall Case
If you’re an injured party seeking compensation after a slip and fall, you may file a claim or lawsuit against the property owner or maintainer where the accident occurred.
Florida’s statute of limitations allows you up to two years from the date of your accident to pursue compensation from the at-fault party. To prove liability, you must demonstrate the following:
- Duty of care: Establish that the responsible party has a legal obligation to protect you from unsafe conditions.
- Breach of duty of care: Show that this party failed to uphold their duty of care.
- Causation: Verify that the party’s actions directly caused your injury.
- Damages: Confirm that you suffered losses as a result of the accident.
In a slip and fall case, the injured party may be eligible for both economic and non-economic damages. Economic damages cover quantifiable losses, while non-economic damages address subjective harm.
In some cases, a judge or jury may also award punitive damages to discourage future negligent acts by the at-fault party. At our law firm, we are here to help you navigate these challenges and pursue the compensation you deserve.
How Much Is a Slip and Fall Claim Worth?
If you’re unsure about the value of your slip and fall claim, consulting a knowledgeable attorney can help. They can accurately assess your economic and non-economic damages, making sure your settlement covers all medical care and related losses.
Your attorney will assist you in determining fair compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Other related losses
They can guide you in pursuing all available damages under premises liability laws. Since every case is unique, it’s important to discuss your specific situation with your legal representative.
It’s important to remember that requesting damages doesn’t guarantee you’ll receive them. The at-fault party may try to deny responsibility or minimize their liability.
By working with an attorney familiar with premises liability laws, you can improve your chances of securing a fair settlement in your personal injury claim.
Can I Recover Damages If I’m Being Blamed for a Slip and Fall Accident in Florida?
Even if you share some responsibility for your slip and fall accident, you may still be eligible for compensation—unless your portion of fault exceeds 50%.
Florida’s modified comparative fault laws allow you to pursue legal action as long as your share of the blame is 50% or less. However, your compensation will be reduced according to the percentage of your fault. You can still hold other parties accountable for their role in creating the hazardous conditions that led to your accident.
If you believe you have a case, it’s important to understand how these laws might affect your ability to recover damages in injury claims and what steps you can take next.
Contact The Schiller Kessler Group for Legal Guidance
If you’ve been injured in a slip and fall accident, having the right legal support can make all the difference. A Miami slip and fall accident att0rney can help you understand your rights and pursue the compensation you deserve for your injuries.
At The Schiller Kessler Group, our personal injury law firm, we bring over thirty years of experience to every case we handle. We are committed to helping you achieve the best possible outcome for your situation.
Reach out to The Schiller Kessler Group today to discuss your case and explore your legal options. We’re here to provide the guidance and support you need.
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