A slip and fall accident can happen in an instant, but the injuries can last a lifetime. What seems like a simple mishap can result in broken bones, spinal cord damage, and traumatic brain injuries. These accidents are rarely the victim’s fault; they are often caused by a property owner’s negligence. When a business in Miami Gardens fails to keep its property safe for visitors, they must be held accountable for the harm they cause.
At Feingold, Posner & Draizin, we are a team of confident and protective trial lawyers who stand up for the rights of the injured. If you were hurt on someone else’s property, our Miami Gardens slip and fall lawyer team is here to fight for the justice and compensation you deserve.
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Proving Negligence in a Florida Premises Liability Case
Slip and fall cases are governed by a legal principle known as “premises liability.” Under Florida law, property owners have a legal duty to maintain their property in a reasonably safe condition for their customers and guests. To win a premises liability lawyer case, we must prove four key elements:
- Duty: The property owner owed you a duty of care to keep the premises safe.
- Breach: The owner breached this duty by creating or failing to fix a dangerous condition they knew or should have known about.
- Causation: This dangerous condition was the direct cause of your fall and your injuries.
- Damages: You suffered actual damages as a result, such as medical bills, lost wages, and pain and suffering.
A crucial part of these cases is proving the property owner had “actual or constructive knowledge” of the hazard. This means showing they knew about the danger or that the danger existed for so long that a reasonably prudent owner should have discovered it.
Common Locations for Slip and Fall Accidents in Miami Gardens
Our attorneys have experience handling cases that occur at all types of properties throughout the Miami Gardens area. We are not afraid to take on large corporations and venues. Common locations include:
- Grocery Stores (Publix, Winn-Dixie): Spilled liquids, dropped produce, freshly mopped floors without warning signs, and cluttered aisles are common hazards.
- Retail Centers and Malls: Poorly maintained flooring, inadequate lighting, and hazards in parking lots can lead to serious falls.
- Hard Rock Stadium and Entertainment Venues: Spilled drinks on concrete steps, poor lighting in walkways, and failure to manage crowd-related hazards can lead to a Hard Rock Stadium injury lawyer claim.
- Apartment Complexes: Landlord negligence can include broken stairs, defective handrails, poorly lit common areas, and swimming pool accidents.
- Restaurants and Bars: Greasy floors, food spills, and inadequate security can all create dangerous conditions for patrons.
Critical Steps to Take After a Slip and Fall
The actions you take immediately after a fall are vital to protecting your health and your legal rights.
- Report the Incident: Notify a manager or property owner immediately. Insist on creating a formal, written incident report and try to get a copy.
- Document the Scene: Use your phone to take pictures and videos of the exact hazard that caused you to fall before it is cleaned up or repaired.
- Get Witness Information: If anyone saw your fall, get their name and phone number. Their testimony can be crucial.
- Seek Immediate Medical Attention: Go to an emergency room or urgent care right away to get your injuries diagnosed and documented. This creates a link between your injuries and the fall.
- Preserve Your Shoes: Keep the shoes you were wearing in a safe place. They can be important evidence.
- Decline to Give a Statement: Do not give a recorded statement to the property’s insurance company without speaking to an attorney first.
Holding Negligent Property Owners Accountable
Property owners and their insurance carriers will often try to blame the victim for their own fall, claiming they were clumsy or “should have been watching where they were going.” We know how to fight back against these tactics. A slip and fall attorney in Miami Gardens from our firm will launch a thorough investigation, secure surveillance footage, interview witnesses, and, if necessary, hire experts to prove that the property owner’s negligence was the cause of your injuries. We are not afraid to take on large corporations and we will not back down.
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Florida?
In most cases, the statute of limitations for a premises liability lawsuit in Florida is two years from the date of the incident. It is critical to contact an attorney well before this deadline.
What if there was a "wet floor" sign?
The presence of a sign does not automatically clear the property owner of liability. The warning must be adequate and placed in a way that reasonably alerts people to the specific danger.
What is my slip and fall case worth?
The value of your claim depends on the severity of your injuries, the amount of your medical bills and lost wages, and the strength of the evidence proving the property owner’s negligence. We can provide a clearer assessment during a free consultation.