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Slip and fall accidents happen anywhere and at any time: at a private residence, in a grocery store, or on government property; for example, at a public park or library. If you were hurt in a slip and fall accident while on someone else’s property, even if it seems like a minor injury, it is important that you seek immediate medical attention.
Like all businesses that open themselves to the public, stores have a legal obligation to maintain a reasonably safe premises for the protection of their patrons. If you were hurt in a slip and fall accident in Florida, Delgado Trial Attorneys can help review your claim and fight for your rights to receive compensation for your injuries.
Responsibility for a Florida Slip and Fall accident depends on the location of the fall, but also lease agreements, municipal and state legal codes and ordinances, just to name a few.
For example, liability for an accident involving a grocery store customer or employee trip and fall on a bunched entrance mat, or slip and fall on a spilled drink left in the aisle, will be attributable to the store, the premises owner/landlord, and/or their agents such as third party independent contractors like a cleaning service or security company. If that person was injured as a result, they could have grounds for a premise liability claim. Accordingly, knowing the identity of responsible entities is a crucial first step to holding the negligent party(s) accountable for their actions which caused the slip and fall accident.
In Florida Slip and Fall accidents, like most premises liability cases, simply saying that the property owner violated his or her duty of care is not enough. The burden of proof is on the injured person to show that their injuries were a direct result of the property owner’s negligence or failure to meet his or her duty of care. This requires a plaintiff to prove the following elements to successfully win a slip and fall personal injury case:
Premises liability claims are typically based on a property owner or business operator’s passive negligence. This negligence is called passive because liability stems from a failure to do something. On the other hand, active negligence, seen in car accidents for example, involve actively doing something negligent.
In Florida, cases based on passive negligence like a Slip and Fall accident, require a claimant to establish legal notice. In essence, legal notice basically means knowledge and awareness of the condition’s presence.
Florida law requires a slip and fall accident victim to prove that the premises owner/operator either 1) knew; or 2) should have known, of the presence of the dangerous condition. As any experienced Miami Slip and Fall accident lawyer will tell a prospective client, proving knowledge is often no easy feat.
The experienced slip and fall accident lawyers at Delgado Trial Attorneys have over 50 years of combined experience helping injured clients recover the compensation they are entitled to under Florida law.
Almost every prospective client that calls us for a free consultation about a personal injury case has the same question: how much is my case worth? The answer is always the same: it depends.
That is to say, the value of any given case will vary based on what an accident victims compensatory damages are. In Florida, recoverable compensatory damages in a personal injury case, including Slip and Fall accidents based on premises liability, typically include all or some of the following:
Certainly, hiring experienced Miami Slip and Fall Accident Attorney matters if you were hurt in a Florida accident matters. At Delgado Trial Attorneys, we have been fighting for the rights of the injured for over a half century. Above all else, our experience allows us to effectively strategize and advocate for every client we represent. Counseling clients through their most difficult times is at the core of our legal practice.
Importantly, we make sure our clients understand the process to eliminate unnecessary stress and anxiety. This is especially true for first time accident victims unfamiliar with the adversarial nature of making a claim. Moreover, we believe in ensuring our clients understand exactly what lies ahead, providing them the peace of mind they need for recovery and treatment while we fight for their rights. Call us today at (305) 596-7911 and speak with an experienced Miami slip and fall lawyer for a free consultation. Virtual sign-ups available.
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