Understanding slip and fall accidents and what action you need to take if injured
Unfortunately, injuries occurring from slip and fall accidents are more common than you would think. The more serious injuries include head injuries, broken bones, knee injuries, back and spine injuries, shoulder injuries, and sprains and fractures. What exactly is a slip and fall accident? For the purposes of this article, a slip and fall accident is when a person is injured after he slips or falls at a business’ property. It usually refers to a situation that could have and should have been avoided. The most common causes of these accidents are wet floors, parking lot potholes, defective sidewalks, cluttered floors, poor lighting, and weather conditions. What are your legal rights in a slip and fall accident in Miami? No matter whose property you are on, the owner has a duty to care for the safety of others. If there was negligence involved, then the injured party has a right to file a personal injury claim against the property owner and may be compensated for medical bills, lost wages, pain and suffering and other losses. What are Florida’s slip and fall laws? Florida’s laws are very specific as to what circumstances are at play in a slip and fall accident and puts the burden of proof on the plaintiff (the victim). In order to hope for a successful outcome of a personal injury claim, the plaintiff must show proof of duty, and that there was a breach of that duty. For instance, Florida recognizes customers in a business establishment as “invitees,” and the owner does indeed have the obligation to keep the property free of anything that could cause an injury to those he has invited into his store. However, as mentioned above, the plaintiff has the burden of proof. He must show that the business owner knew of the specific hazard on the property, or should have known of the danger, and breeched his duty by not taking any action. The victim’s burden of proof The following are some of the factors that the victim (plaintiff) will need to prove to show negligence on the part of the business owner (defendant). How long did the hazard exist before the accident? Should the business owner have been aware of the hazard and remedied it before the accident? Was there enough time for the business owner or employees to be advised of the hazard, and to take measures to remedy the danger? Was there a protocol in place within the business for monitoring hazards? Were the victim’s injuries due to his or her own inattentiveness? Read More
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