Slip and Fall Accidents
Slip and fall accidents in Miami occur any time a person loses his or her balance, falls, and is injured on the property of another. These accidents are varied in the type of slip and fall. For example, a person may trip and fall on an uneven surface or a path obstruction, they can step and fall in an unseen hole, or they can slip and fall on a slippery surface.
Every day, people are injured in falls but some accidents can be legally considered another's fault. Under the liability statute for Florida premises, a landowner or company must keep their property in a reasonably safe condition for clients or visitors. If the owner or manager knows, or ought to know, that some part of the property is not secure, the issue must be quickly fixed.
If the problem isn't fixed and a person falls and is injured as a result, the owner or manager of the property may be responsible for the injury. This is called negligence, and the injured person may be able to mount a legal case.
Negligence allows the plaintiff to claim that the property owner owes a duty to the consumer and infringed that duty afterward. A good negligence allegation further includes harm to the claimant. There is no requirement under Florida law stating that the injuries must be purely physical, as somebody may also suffer financial injuries, such as loss of wages or loss of future earnings arising from their physical injuries. Finally, the plaintiff must claim that their injuries were actually caused by the violation of the duty owed to him or her.
One of the more intricate areas of Florida's slip and fall laws is determining whether a duty of care is owed to you by the land or property owner. If you're a shop or public place guest, the law provides you with certain rights as an "invitee." Invitees are people who enter a home or business with an express or implied invitation. Property owners owe all invitees a duty of care so they must keep their land reasonably safe from predictable hazards.
There are also cases where a property owner is not legally required to provide a duty of care. Most specifically, this applies to private property where you do not have express permission or public places with certain exclusions. For example, if a public park has posted signs that the park closes at dusk and you injure yourself in the dark, it is doubtful that they will be responsible for your injuries.
The general information provided above about slip and fall accidents in Fort Lauderdale is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954-500-0003 in Broward or 305-674-0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.