Slip and Fall
Slip and Fall Attorney in Miami
A slip and fall is one of the more common kinds of accident. It can also be one of the more serious kinds of accident. A slip and fall can easily lead to broken hips, sprains, and even head injuries, all of which can lead to expensive medical bills, lost wages, and other expenses. That is why anyone who has experienced a slip and fall needs to contact an experienced slip and fall attorney. Miami has several slip and fall accident victims each year, and the lawyers at Berger & Hicks can help any one of them get the compensation they deserve.
What is a Slip and Fall?
From a general perspective, a slip and fall accident is self-explanatory; it is an accident where a person slips on a slick or uneven surface on someone’s property and suffers an injury. From a legal perspective, a slip and fall accident is a subcategory of personal injury cases, which is a branch of the law that deals with injuries caused by the negligence of another person or entity. In the case of a slip and fall, the negligence is due to the property owner failing to fix the problem or condition that can cause someone to slip and injure themselves.
Who is Liable For a Slip and Fall Accident?
When someone suffers a slip and fall accident, the owner of the property on which the victim suffered the accident is liable. In most cases, the injured party must prove that the cause of their accident was a dangerous condition on that property. However, there are certain conditions that have to be met before the property owner can be considered to be responsible for the slip and fall.
- The owner of the property created the condition that led to the slip and fall
- The property owner knew of the existence of the problem and failed to correct it
- The dangerous condition was present for such a long time that the property owner should have been cognizant of its existence and taken steps to correct it
In order for the property owner to be held liable, it should be predictable that their negligence would create a dangerous condition that would lead to a slip and fall. The property owner will attempt to prove that the accident was unavoidable or was caused by the victim’s own carelessness, so the victim needs to prove that the property owner was negligent.
The victim needs to be on the property lawfully for there to be a slip and fall case. If they were trespassing and suffered a slip and fall accident, then they may not have a case.
What Counts as a Dangerous Condition?
Anything that can cause a person to lose their footing counts as a dangerous condition. That can be anything from a wet surface, torn carpeting, debris in a walkway, or any similarly treacherous conditions. Low-light conditions that prevent people from being able to notice any potential hazards also counts as a dangerous condition.
The property owner needs to be responsible for the dangerous condition, so if someone slips on a path that is iced over because of winter weather, then the property owner cannot be held liable. That is because they were not responsible for that dangerous condition.
What Kinds of Injuries Can Be Caused By a Slip and Fall?
Slip and fall accidents can cause a wide variety of injuries, from ones that inconvenience to ones that are life-threatening.
Broken Bones – Usually the hip or the wrist.
Soft Tissue Damage – These can be sprains or more serious ligament damage. The effects of soft tissue damage might not manifest until a few days after the accident.
Cuts and Bruises – These are relatively minor injuries, but they can be painful and can impair the victim’s movement.
Head Injuries – If the victim lands on their head, then they could experience concussions or even a traumatic brain injury.
Spinal Cord Injury – This usually occurs only when a victim falls from a great height, but the consequences can be devastating.
What If There Was a Warning Sign?
This depends on various factors related to the visibility and design of the sign.
Placement of The Sign: Warning signs need to be in a well lit, visible location. If the sign was in a location where an alert person could not see it, then there is still a valid slip and fall claim.
Design of The Sign: The sign needs to be printed clearly, rather than being a hasty, hand-written note. It should also be in a language that a visitor on the property is likely to understand.
The Nature of The Hazard: If the hazard was something that could be cleaned up quickly, like a spill, then a warning sign may not be considered a reasonable response to the problem.
Call An Attorney When You Suffer a Slip and Fall Accident
A slip and fall accident can have serious consequences, which is why you should contact a Miami slip and fall attorney when you suffer such an accident. The law firm of Berger & Hicks, P.A. will fight for the compensation slip and fall victims need to cover their medical bills, lost wages, and other expenses. Do not let someone else’s negligence ruin your life, call Berger & Hicks if you have been the victim of a slip and fall accident.
Other Practice Areas
- Wrongful Death
- Medical Malpractice
- Motor Vehicle Accidents
- Negligent Security
- Product Liability
- Personal Injury Protection
- Personal Injury Law