Miami-Dade slip and fall accident lawyers at Berger & Hicks represent people hurt by wet floors, uneven surfaces, and other hazards at stores, restaurants, and other businesses across Miami-Dade County.
Berger & Hicks review these claims with a focus on Homestead, West Kendall, and the South Miami-Dade suburbs, and Martin Berger and Zachary Hicks review the notice evidence in every case personally.
Call (305) 670-7050 for a free case review to find out whether the hazard that caused your fall meets Florida's notice standard.
How Does Berger & Hicks Build a Miami-Dade Slip-and-Fall Case?
Berger & Hicks builds a slip and fall case around the notice evidence early, since Florida law puts that evidence at the center of whether a claim succeeds. Martin Berger and Zachary Hicks personally review store surveillance footage, inspection logs, and incident reports rather than assigning that review to a paralegal.
Requesting Surveillance Footage Before It Gets Deleted
Many stores overwrite surveillance footage within days or weeks, so Berger & Hicks sends a preservation request early in a slip and fall case. Losing that footage often removes the clearest evidence of how long a hazard sat before the fall.
Trial-Ready Partners, Not a Settlement-Only Practice
Martin Berger and Zachary Hicks each bring close to thirty years of litigation experience to a slip and fall claim, and both partners try cases in front of a jury when a store's insurer denies a claim without a reasonable basis. That trial history factors into how quickly some claims move toward a fair settlement.
What Makes a Slip and Fall Claim Different From Other Premises Liability Cases?
A slip and fall claim in Florida generally requires proof that a business had actual or constructive notice of a hazard, under Florida Statute 768.0755. That notice requirement applies specifically to falls caused by a transitory foreign substance, like a spill or a tracked-in liquid, and sets a higher bar than some other premises liability claims.
"Actual notice" means an employee saw the hazard or was told about it before the fall. "Constructive notice" means the hazard existed long enough, or occurred often enough in that spot, for reasonable inspection practices to have caught it.
Who Is Typically Responsible for a Miami-Dade Slip and Fall
The business operating the property, whether a store owner or a tenant leasing the space, generally bears responsibility for a slip and fall hazard on the premises. A property management company or building owner share responsibility when the hazard involves a common area rather than a specific tenant's space.
How Do You Prove a Business Knew About a Hazard Before You Fell?
Proving notice in a Miami-Dade slip and fall claim generally comes down to showing either that an employee knew about the hazard or that it existed long enough for reasonable inspection to catch it. Both paths require specific evidence gathered close to the time of the fall.
Actual notice and constructive notice rely on different types of proof, which shapes what evidence matters most in a specific case.
| Notice Type | Requirements | Common Evidence |
|---|---|---|
| Actual notice | An employee saw the hazard or was told about it before the fall | Employee statements, prior complaint records, maintenance requests |
| Constructive notice | The hazard existed long enough, or recurred often enough, for reasonable inspection to have caught it | Surveillance footage showing how long the hazard was present, inspection or sweep logs, and prior incident reports for the same spot |
A claim built on constructive notice generally takes more evidence to support than one where an employee already knew about the hazard, which is why early evidence collection carries real weight in a Miami-Dade slip-and-fall case.
A few categories of evidence come up consistently when proving notice in a Miami-Dade slip-and-fall claim.
- Surveillance footage from the time of the fall and the hours before it shows how long the hazard was present.
- Inspection or sweep logs show when an employee last checked the area.
- Prior incident reports involving the same hazard or the same location can establish a pattern.
- Employee statements address whether they noticed or were told about the hazard.
- Photographs taken at the scene document the hazard's condition and surroundings.
Wet Floors, Loose Mats, and Uneven Surfaces Cause Most Miami-Dade Slip-and-Fall Accidents
Slip-and-fall accidents in Miami-Dade commonly happen because of wet floors, uneven walking surfaces, or objects left in a walkway. Identifying the exact hazard early shapes both the notice argument and the value of the claim.
- Wet floors happen when a spill, mopping, or tracked-in rain from a South Florida afternoon storm goes unmarked.
- Freshly waxed or polished floors happen when maintenance work leaves a surface slicker than customers expect.
- Loose mats or rugs happen when a floor covering bunches up or slides underfoot.
- Uneven flooring or tile transitions happen when a walkway surface changes height without a clear warning.
- Cluttered aisles happen when merchandise, boxes, or cords get left where customers walk.
Each hazard type points toward different evidence, since a wet floor case often turns on inspection logs while a structural issue like uneven tiles turn on how long the defect existed before the fall.
How Long Do You Have to File a Slip and Fall Claim in Florida?
Florida law generally gives an injured person 2 years from the date of the fall to file a slip and fall lawsuit under the state's negligence statute of limitations. Missing that window typically ends the ability to pursue the claim in court, regardless of how strong the notice evidence is.
Slip and fall lawsuits in Miami-Dade County are generally filed with the Miami-Dade Clerk of the Courts, which handles civil filings for the Eleventh Judicial Circuit.
Government-Owned Property Involves a Separate Notice Requirement
A slip and fall at a public building or county facility near Miami-Dade involves a formal notice requirement under Florida's sovereign immunity rules, separate from the standard 2-year deadline. Missing that early notice period often ends a claim against a government entity even within the general filing window.
What Defenses Do Insurers Raise in a Miami-Dade Slip-and-Fall Case?
Insurers and property owners raise a predictable set of defenses in a Miami-Dade slip-and-fall case, most built around the notice requirement or the claimant's own conduct. Recognizing these arguments early helps a claimant respond with the right evidence.
Florida's modified comparative negligence rule under Florida Statute 768.81 reduces compensation by the injured person's share of fault, and bars recovery entirely for someone found more than 50 percent responsible.
What Do You Do After a Slip and Fall Once You're Home and Safe?
Identifying the exact hazard and preserving physical evidence protects both your health and a future Miami-Dade slip and fall claim. These steps apply once you are home and stable, after any emergency treatment is finished.
- Write down the condition that caused the fall, including whether the floor was wet, waxed, or uneven.
- Keep the shoes worn during the fall, since tread and sole condition sometimes come up in a notice or fault dispute.
- Request a copy of any incident report filed with the store or property manager.
- Follow up with a doctor for any pain or stiffness that appears in the days after the fall.
- Avoid giving a recorded statement to the property's insurer before discussing the claim with a lawyer.
Details about the exact hazard fade quickly from memory, which makes writing them down within the first day or two one of the more useful things a claimant can do.
What Injuries Commonly Result From a Slip and Fall in Miami-Dade?
Slip and fall accidents commonly cause fractures, head injuries, and soft tissue damage. depending on how a person lands and what they land on. The severity of these injuries often shapes both medical treatment and claim value.
| Injury Type | Common Detail |
|---|---|
| Hip fractures | Common in older adults; often requires surgery and extended recovery |
| Wrist and arm fractures | Often happens when a person braces a fall with an outstretched hand |
| Head injuries and concussions | Result from the head striking the floor or a nearby object |
| Back and spinal injuries | Result from the spine compressing or twisting on impact |
| Soft tissue injuries | Sprains and torn ligaments that sometimes worsen over the following days |
A Contingency Fee Covers the Cost of Hiring a Slip and Fall Lawyer
Hiring a slip and fall lawyer at Berger & Hicks costs nothing upfront; our firm handles these cases on a contingency fee basis. Legal fees come out of a settlement or verdict, not out of pocket, and a free case review carries no obligation.
What a Free Case Review Covers for a Slip-and-Fall Claim
A free case review with Berger & Hicks covers the type of hazard involved, what notice evidence exists, and which party likely bears responsibility.
Ask Berger & Hicks About Slip and Fall Claims in Miami-Dade
What if I fell but didn't notice what caused it until later?
Not noticing the exact hazard right away does not end a slip and fall claim, though returning to the scene soon after, if possible, can help identify what caused the fall. Store surveillance footage sometimes shows the hazard even when the person who fell did not see it clearly.
Do I have a claim if the store cleaned up the hazard before I could take a photo?
A cleaned-up hazard does not end a slip and fall claim, since other evidence like incident reports, surveillance footage, and witness statements may still establish what caused the fall. Acting quickly to request that evidence matters more once the physical hazard itself is gone.
What if I fell at a store that doesn't have visible security cameras?
A store without visible security cameras still has interior camera systems covering registers or stockrooms, which sometimes capture part of a fall or the area beforehand. A lawyer requests footage from every camera on the property, not just the ones a customer notices.
What if the store offers to pay my medical bills without me filing a claim?
An offer to pay medical bills directly does not require giving up the right to pursue a full slip and fall claim, though accepting payment sometimes comes with conditions worth reviewing first. Reading any paperwork tied to that offer before signing protects against waiving a larger claim unintentionally.
How long does a slip and fall case in Miami-Dade generally take to resolve?
Most slip and fall cases resolve within several months to about two years, depending on how long medical treatment lasts and how quickly the property owner's insurer responds. A case that goes to trial generally takes longer than one resolved through settlement.
Do I need a witness to prove a slip and fall claim?
No, a witness is not required to prove a slip and fall claim, though a witness statement often strengthens the notice or fault argument when one is available. Surveillance footage, inspection logs, and incident reports supports a claim even without a witness.
What if I slipped on ice from an air conditioning unit inside a Miami-Dade business?
Yes, a slip caused by condensation or ice from an air conditioning unit supports a slip and fall claim if the business knew about the buildup or had a reasonable opportunity to discover it. This type of hazard often relies on maintenance records to show how long the condition existed.
Do I still have a claim if I was wearing flip-flops or sandals when I fell?
Wearing flip-flops or sandals does not automatically end a slip and fall claim, though a property owner's insurer raises footwear as part of a comparative fault argument. The hazard itself, not the footwear alone, generally remains the central question in the claim.
What happens if the business says the spill was caused by another customer, not an employee?
A spill caused by another customer does not remove the business's responsibility to inspect for and correct hazards within a reasonable time. The claim then generally turns on how long the spill sat before the fall, which is a constructive notice question.
Take Action on a Miami-Dade Slip and Fall Claim While the Evidence Still Exists
Berger & Hicks reviews Miami-Dade slip and fall claims directly with Martin Berger or Zachary Hicks, sending preservation requests for footage and records before they disappear.
Call (305) 670-7050 to find out what notice evidence still exists for your fall and how quickly it needs to get secured.