Dedicated Legal Personal Injury Advocacy in South Florida
Slipping and falling tends to be an embarrassing experience, especially when it happens in a public place. Chances are that your fall was not due to pure clumsiness. If your slip and fall was the result of unsafe property conditions and resulted in harm, you may be able to recover compensation.
When you come to our team at Jurney & De La Grana, P.A., we will give your case our undivided attention, and no question goes unanswered. Our Miami slip and fall lawyers know how to win premises liability cases and are ready to provide the aggressive representation you deserve. We will help you understand your legal options and walk you through the steps of recovering damages in a personal injury claim. Our legal professionals will work closely with you throughout our handling of your case, and we will utilize all of our firm’s resources when fighting for you.
You may be tempted to shrug off a slip and fall if you do not believe you sustained any serious injuries. Keep in mind minor and major injuries – including some catastrophic injuries, such as traumatic brain injuries – may not be immediately apparent after an accident. Before you leave the site of the incident, you should make every effort to protect your right to recover compensation.
After a Florida slip and fall incident, you should:
- Gather evidence. Once you determine you do not need emergency medical attention, take photos and videos of the incident site. Look for substances or debris that may have caused you to slip. Keep an eye out for any security cameras that may have captured what happened. If anyone saw you fall, ask for their contact information in case you need them to serve as a witness.
- Speak to the person in charge. If the property owner is not there or unavailable, ask to speak to the manager. Explain the situation but avoid admitting any level of responsibility. Ask them to create an incident report and get a copy. Collect their contact information and the contact information of the property owner. If you did spot any security cameras, ask for a copy of the footage.
- See a doctor. Make it a point to get a full medical evaluation as soon as you are able. If you hit your head or any other limb or joint, you may have suffered injuries not visible to the naked eye. Get a copy of your doctor’s medical report and carefully follow their prescribed treatment plan.
- Call a lawyer. The property owner, their legal representatives, or their insurance company may reach out to discuss the incident. They will likely use anything you say against you, so do not speak to anyone without first consulting a legal professional. Our Miami slip and fall attorneys are happy to handle these communications on your behalf.
Proving a Florida Slip and Fall Claim
Properties owners have a legal duty to maintain reasonably safe conditions throughout their properties. Unlike many states, Florida enforces specific laws that govern how slip and fall lawsuits must be decided. Winning these cases hinges on proving the existence of an unsafe substance and the property owner’s negligence in failing to reasonably address that substance.
To win a Florida slip and fall case, you must prove:
- You slipped on a substance
- The incident occurred on someone else’s property (not your own)
- The substance created unsafe conditions
- The property owner knew or should have known about the unsafe condition
- The property owner should have taken reasonable steps to address the unsafe condition
- The property owner did not take adequate steps to address the unsafe conditions, resulting in your sustaining harm
Keep in mind you may still have a personal injury claim even if you did not necessarily slip on a substance or slick surface. Slipping and falling due to uneven flooring, unstable stairs, broken railings, or floor debris are all examples of premises liability incidents. Our team at Jurney & De La Grana, P.A. can evaluate your situation and advise whether you have a case.
You have four years from the date of a slip and fall accident to file a claim. If a slip and fall incident results in death, you will have two years from the date of your loved one’s passing to file a wrongful death lawsuit.
A successful slip and fall lawsuit in South Florida can help you recover compensation for:
- Medical expenses
- Lost wages
- Property damage
- Reductions in quality of life
- Punitive damages
The defense will likely argue you bear some responsibility for your fall. They may claim you fell in an area you were not supposed to be in, that you were not paying attention to where you were going, or that you were not wearing appropriate footwear. Our Miami slip and fall lawyers regularly anticipate and refute these arguments, but if the court does find you partially responsible, you can still recover compensation under Florida’s comparative negligence laws. We will work to help you recover as much as possible.
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