Posts Tagged ‘slip and fall attorney Miami’

Slip and Fall Can Upend Your Life

Tuesday, July 25th, 2023

After a slip and fall accident, the responsibility for the incident typically lies with various parties, depending on the circumstances. Identifying the responsible party is essential when determining liability and seeking compensation. This is why it becomes imperative to seek a legal professional which can help guide you in the right direction.

Here are some key factors that can influence liability:

Property Owner

In many cases, the owner or occupier of the property where the slip and fall occurred can be held responsible. They have a duty to maintain a safe environment for visitors and guests. If they were aware of a hazardous condition or should have reasonably known about it but failed to take appropriate action to address or warn about the danger, they may be held liable. However, this is why many businesses make a poignant effort to safeguard their surroundings. This is especially true when there is a consistent stream of customer traffic.

Negligence

The concept of negligence is crucial in slip and fall cases. If the responsible party, such as the property owner or occupier, acted negligently by not fulfilling their duty of care, they may be held liable. Negligence involves breaching a reasonable standard of care, such as not fixing a known hazard or not warning visitors about it.

Contractors and Maintenance Companies

If a slip and fall accident occurred due to a hazardous condition caused by the actions or negligence of contractors or maintenance companies hired to work on the property, they may be held responsible.

Government Entities

If the slip and fall incident took place on public property, such as a sidewalk or government building, the responsibility may fall on the relevant government entity. However, it’s important to note that there may be specific procedures and limitations when filing a claim against a government entity.

Comparative Negligence

In some cases, the injured person’s own actions or negligence may have contributed to the accident. If the injured person was partially responsible for the slip and fall, comparative negligence may come into play. Comparative negligence means that the compensation awarded may be reduced based on the percentage of fault assigned to the injured party.

Protecting Your Rights

It is important to consult with an attorney who specializes in slip and fall accidents. This will help evaluate the specific circumstances of the case. They can provide guidance on the applicable laws and help determine who may be held responsible for the accident. If you have been injured in a slip and fall in Miami, contact a personal injury attorney. A to Z Injury Law is ready to help guide your legal options.

Establishing Liability After a Slip and Fall Accident

Monday, November 7th, 2022

Slip and fall accidents can result in devastating injuries. When it happens to you, it’s crucial to have top rated Miami slip and fall lawyers on your side to ensure that you hold the owner of the property in question liable for the damages. You might have hefty medical expenses and be unable to work for a period of time while you recover. A slip and fall is a premises liability case. This means that you have to prove that the property owner was negligent. Your slip and fall attorney in Miami can help you prove negligence.

What to Do After a Slip and Fall Accident

Immediately after a slip and fall accident, you must take certain steps. Even if you’re in pain, take note of what caused the accident. If you have your phone with you, snap a few photos as evidence of what caused your slip and fall. A slip and fall attorney near Miami FL can put this information to good use in your case.

If any witnesses are present, get their names and contact information. At the very least, you should get their phone numbers. You might also want to have them jot down what they saw occur during your accident. Another option is recording their statements on your phone. Top rated Miami slip and fall lawyers can use this evidence in your case.

File an accident report that details what happened. If your slip and fall occurred in a store or other property open to the public, you should be able to ask for an accident form to report your injuries.

Keep a journal, writing down the details of your accident. Doing this as soon as possible is best since everything is still fresh in your mind. Present this information to a slip and fall attorney in Miami based during your initial consultation.

Seeking medical attention is also crucial. This can help determine the severity of your injuries and ensure that you’re able to get the treatment you need. You can also have access to your medical records. These records will likely provide valuable evidence for your slip and fall claim.

Unsafe Conditions on Property

In order to establish liability for a slip and fall accident, there must have been an unsafe condition present. A slip and fall attorney near Miami FL can advise you on the specific situation in your case. The unsafe condition must have directly led to the accident and subsequent injury. Some examples include the following:

  • Wet, slippery, or sticky floors
  • Snow and ice in the outdoor area
  • Obstructions or debris cluttering the floor
  • Unsafe handrails or broken steps on stairways
  • Badly damaged sidewalks or walkways
  • Uneven surfaces, including carpets or rugs

Proving Negligence and Liability for a Slip and Fall Accident

Negligence is the theory for liability in slip and fall cases. The best Miami slip and fall lawyers establish that the elements of negligence are present in your case. If the property owner fails to take reasonable care to keep their premises safe for tenants and visitors and an accident occurs, that owner can be held liable. Negligent means failing to act as any reasonable, prudent person would have acted in the same circumstances. If an unsafe condition existed for a long enough time, the property owner should have been aware of it and fixed it. If it could not be quickly fixed, the unsafe area should have been marked off with a warning.

If you need representation from the best Miami slip and fall lawyers in your case, contact A to Z Injury Law at your earliest convenience.

Slip and Fall Cases: A Brief Guide

Wednesday, November 2nd, 2022

In Florida, a “slip and fall” injury occurs when a person falls or trips over someone or something that is not placed where it should be, causing them harm. These accidents can cause people to trip and fall in public places, inside the home on uneven floors, steps or staircases, or even high-pile carpets that often make the floor slick and unsafe. We will examine the laws governing slip and fall cases and how you can get a slip and fall attorney near Miami, FL.

The Florida state law that governs these lawsuits is called 768.0755, and it states that if you win a slip and fall lawsuit, you can recover damages for economic and non-economic losses. These include medical bills, lost work due to injury, or pain and suffering.

Florida’s slip and fall laws, though, are a bit more liberal than those of many other states because the statute does not require that you suffer any actual injury to win your claim. In cases where the business has failed to maintain dangerous conditions and had actual or constructive notice of such a situation, it sounds like nothing short of willful negligence will be enough to win. However, you must prove this beyond a reasonable doubt to get your damages covered under 768.0755 through a slip and fall lawyer.

Win a Slip and Fall Case in Florida

To win a slip and fall case, the victim must show that the business failed to remedy a dangerous condition or had actual or constructive notice of such a situation. The victim must also prove that the business was willfully negligent.

If you were hurt because of a dangerous situation that existed because of the negligence of another, our slip and fall lawyer will fight for your right to recover your damages by proving Florida’s liberal statutes which do not require an actual injury to find fault in these cases. You can receive all the compensation you deserve by suing in court.  A to Z Injury law slip and fall lawyer in Miami Beach will be with you every step of the way through your claim, even after it is settled.

Get your Slip and Fall Case Started

You can do several things to get your case started and help in your recovery. First, you must keep a log of everything that happened after the accident. This includes:

  • A detailed account of how the accident happened
  • Where it took place
  • A list of everyone around during the accident

You need to have this log notarized and turned over to a slip and fall attorney in Miami. You must also see a doctor after the accident without delay. This will allow us to determine if you are injured, giving us a better idea of what type of case you should develop based on your injuries. You will also need follow-up medical visits to ensure your healing as expected.

Compensation Damages to Expect

There are several kinds of compensation that you can receive after an accident, whether it is a car crash or a slip and fall situation, that your need a slip and fall lawyer in Miami Beach.

There are two types of damages in slip and fall accidents:

Economic damages

They include medical bills, lost wages, the cost of necessary home services while the victim recovers from their injuries, and any other expenses incurred to help them get back on their feet after the accident.

Non-economic damages

They are recoverable in slip and fall accidents, too. This includes pain and suffering, a victim’s loss of enjoyment of life, and any costs for mental distress incurred as a result of the accident.

Conclusion

For a slip and fall accident to be deemed a slip and fall, it does not have to be intentional. In fact, according to the law, most people will not be able to sue because they did not intend to cause harm. However, suppose someone intentionally tried to trip you or caused damage through reckless actions. In that case, you could sue for damages or even file a personal injury claim through a slip and fall attorney in Miami Beach, FL.

We offer free consultations to people in need of legal assistance. A to Z Injury Law is a leading personal injury law firm experienced in slip and fall cases. We offer free consultations to victims of accidents and their families. The law firm also specializes in personal injury cases, including physical injuries and legal damages. If you’re injured during your visit to Miami, your best option for case resolution is a personal injury lawyer at A to Z Injury Law firm. For a free no-obligation consultation with a slip and fall attorney near Miami, FL please contact A to Z Injury Law.

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