Slip and Fall Accidents in Miami: Understanding Your Legal Rights and Safety Measures

Slip and Fall Accidents in Miami: Understanding Your Legal Rights and Safety Measures

Slip and fall accidents account for over one million Emergency Room visits in the U.S. annually, meaning that over 2,700 Americans are hospitalized for this reason every single day. So, if you suffer from a slip and fall accident in Miami, you are not alone.

Nevertheless, slip and fall accidents in Miami can cause serious repercussions, which is why you must know how to implement the right response from a legal perspective as well as a health one. Here at the Law Offices of Cary Woods II, our experts have helped hundreds of clients get the support and compensation that they deserve.

While it is a scary situation, this quick guide will teach you how to regain control and get the best outcome at this testing time. Let’s get started;

Contents

• Common causes of slip and fall accidents in Miami
• Preventing slip and fall accidents
• Do you have a case for your slip and fall accident in Miami?
• Personal steps to take following a slip and fall accident
• Understanding the legalities of slip and fall accidents
• Getting legal advice for a slip and fall accident in Miami

Common Causes of Slip and Fall Accidents in Miami

While it is true that one-third of slip and fall cases involve senior citizens, it should be noted that this type of accident is one of the leading problems for people in all age groups. Worse still, they are a major contributor to accidental fatalities as well as non-fatal but life-changing injuries or damages.

In truth, a personal injury claim in Miami attributed to slip and fall accidents may be needed in relation to several possible causes. Incidents often occur in workplaces, but can also happen in any public setting where people walk. This includes internal spaces like stores and restaurants, as well as external spaces like parking lots or sidewalks.

Slips and floors are most frequently caused by dangerous flooring, with some examples including;

• Uneven sidewalks,
• Wet floors,
• Bulging carpets,
• Slippery rugs,
• Cracks or holes,
• Trip hazards.

Whatever the reason behind the incident might be, it’s vital that you respond fast if you are to have any chance of securing the compensation you deserve.

Preventing Slip and Fall Accidents

Prevention is always the best form of protection. From an entity’s perspective, putting safety measures in place to prevent slips and falls can prevent costly legal battles (the average compensation is $30k-$40k) while also avoiding damaged reputations. So, making people aware of hazards is hugely beneficial.

As an individual, protecting yourself against the situations will prevent the physical and mental trauma of an accident. It also stops a potential loss of earnings and the stress of encountering legal battles. Some of the steps you can take are;

• Use sidewalks safely,
• Wear the correct footwear,
• Use handrails on staircases,
• Carry a flashlight in the dark,
• Look where you’re walking,
• Be aware of any safety signs.

Even when you take the right precautions, though, some incidents can’t be avoided due to the neglect of another party. In this case, knowing how to respond is vital.

Do You Have a Case for Your Slip and Fall Accident in Miami?

Suffering a slip and fall accident in the workplace or a public setting may impact your life in many ways. As well as a bruised ego and feelings of embarrassment, you could experience a host of physical health complaints ranging from cuts to broken bones or concussions. In some circumstances, mental health problems including amnesia and a fear of returning to the site where the incident happened may also surface.

However, for a slip and fall case to be raised, individuals must prove that the incident was caused by another party’s negligent behavior. The defendant could be local councils and authorities, businesses, or your employer.

The harsh reality is that (from a legal perspective at least) some incidents are due to the victim’s carelessness. For example, an employee who does not fail the safety measures set out by their employer may struggle to argue their case.

Nevertheless, there are many situations in which the shortcomings of a workplace or public setting will validate your slip and fall case. Ultimately, if another party fails to satisfy their duty of care to employees or guests using their facilities, their negligence is the reason for your accident. Some of the possible examples of neglect are;

• There was inadequate lighting in the space,
• No signs were placed to advise users of wet floors.
• Temporary trip hazards were not clearly highlighted.
• The handrail on a staircase was faulty or broken,
• Some steps were chipped and/or broken,
• Rugs did not have an anti-slip underlay.

Essentially, if the flooring isn’t in good condition and/or the property owner has not made people aware of potential hazards, they will be liable to face personal injury claims.

Personal Steps to Take Following a Slip and Fall Accident

When you have experienced a slip and fall accident in Florida, the most important thing is your health. Therefore, you must seek instant medical attention followed by any additional care that’s needed to restore your health or adapt to new circumstances. This could include physiotherapy, rehabilitation, and/or medications.

While health issues should remain the priority, anybody who feels that they may have a personal injury case can take several steps to strengthen their argument and boost their hopes of a successful verdict.

You have already suffered badly as a result of the other party’s neglect, and should not be made to experience any further problems. If nothing else, securing the financial compensation and legal justice that you deserve will allow you to focus on moving on with your life. The following tips will help build a stronger case that aims to prove negligence and highlight the severity of damages;

• Make a record of the date, time, and location of the incident.
• Take photos of the faulty flooring or other surroundings that caused the incident,
• Visit the hospital – as well as supporting your health, it creates a medical record,
• Keep receipts of all hospital bills and ongoing costs linked to the accident,
• Create a record of any lost earnings as a result of the slip and fall accident,
• If anyone else was injured too, get their details.

All of the above steps should put you in a stronger position. Nevertheless, you will also need to follow the right steps from a legal perspective to build a better case.

Understanding the Legalities of Slip and Fall Accidents

Before making a claim in Miami following your slip and fall case, you must understand the legal situation. The role of premises liability in Florida should be at the top of your agenda. As a claimant, you are likely to fall into one of the following three categories;

• Invitee – a customer or other person who has been welcomed to the property or public setting. Invitees have the highest level of protection and will be due compensation if neglect can be proved.
• Licensee – a social guest or person who has consent to enter the location but for a non-business matter. Licensees have a little less protection than invitees but are still due compensation if the property owner fails their duty of care.
• Trespassers – a person who has entered a property without an invitation. They have minimal rights and will not be able to make a claim except under extreme circumstances.

Alternatively, if the slip and fall accident happened in the workplace, a workers’ compensation claim may be the better solution.

Meanwhile, it should be noted that Florida’s legal system operates with a “pure comparative fault” approach. So, even if you were partly responsible for the incident, it is possible to make a claim for the impact of the other person’s negligence. Whether claiming 10% or 50% of the total damages, it is necessary to prove that the other party was responsible for that amount – as well as their general negligence.

The statute of limitation for slip and fall accidents in Florida is four years. However, a quick response is the best option as it is often easier to build a case while evidence is fresh. Besides, it gives you the best chance of gaining a quick resolution.

Getting Legal Advice for a Slip and Fall Accident in Miami

Implementing the right response from a personal perspective should significantly help your cause. Nevertheless, navigating the legal minefield and getting the results you deserve can be very challenging. Gaining the legal advice of an experienced attorney in this field will make a huge difference.

The Law Offices of Cary Woods II will provide comprehensive representation to give you the best shot at success. This means proving that the property owner had (and failed to maintain) a duty of care, as well as confirming that you experienced damages as a result. In turn, this can help you gain justice and compensation for;

• Medical bills,
• Lost earnings,
• Physical pain,
• Mental repercussions,
• Damaged property,
• And more.

From gathering evidence to presenting your case in court, our expertise makes the process far less stressful and upsetting. Moreover, by allowing us to focus on building your case, you can focus solely on making a full physical and mental recovery.

To find out more or get your slip and fall accident case started in Miami, contact our friendly advisors today.