Slip & Fall Accidents
Representing the Injured Victims of Slip and Fall Accidents in Miami-Dade County, Broward County (Ft. Lauderdale area), Palm Beach County, Monroe County (Key Largo to Key West), Lee County (Ft. Myers) and throughout the State of Florida
Although comedies featuring slapstick routines may depict otherwise, slip and fall accidents are no laughing matter. They can result in serious injuries ranging from fractures, to back injures, to head injuries. The injured person may incur large medical bills, lose time away from work, have considerable pain and suffering, and never fully recover to his/her pre-accident health state. Slip and fall accidents can be particularly devastating for elderly individuals who suffer from brittle bones and the condition osteoporosis.
Slip and fall accidents and trip and fall accidents are sometimes used interchangeably because they produce the same result: a person has fallen and injured himself/herself. Both types of accidents will often involve a business establishment, and both fall under the broader category of personal injury law involving negligence known as Premises Liability.
Common Causes of Slip and Fall Accidents
Slip and fall accidents generally involve a situation in which a person falls on a transitory substance, while trip and fall accidents generally involve a “structural” problem. An example of a transitory substance is a water puddle on the floor of a supermarket’s flower section resulting from overzealous watering of plants by a store employee. An example of a structural problem which could cause a trip and fall accident is a defectively designed stairway where the individual steps are very difficult to discern while the stairway user is descending.
Slip and fall actions have a unique statute, Florida Statute 768.0755. This statute was amended by the Florida legislature in 2010 to make the plaintiff (person who falls and brings a lawsuit) responsible for proving that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. This is a separate requirement from the plaintiff’s burden of proving the elements typically associated with a negligence action.
According to the Statute, Constructive Knowledge of the transitory substance may be proven by circumstantial evidence showing that:
- The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
- The condition occurred with regularity and was therefore foreseeable.
As a law firm which has been representing clients with injuries in slip and fall accidents for nearly two decades, we are well-equipped to represent you in a slip and fall negligence action. Although the revised statute is less favorable to plaintiffs in the sense that the plaintiffs have a greater burden of proof in such actions, defendants are not off the hook. For example, a particular issue is the length of time that the dangerous condition was allowed to exist, and what constitutes a reasonable amount of time will depend upon the location and nature of the transitory substance. We will work hard to represent your interests and get you just compensation. If you are a pregnant woman who has had the misfortune to slip and fall, resulting in injuries to the fetus, a legal action involving Prenatal Injuries may also be applicable.
If you or a loved one has been injured in a slip and fall accident or another type of Premises Liability action and you believe that negligence is involved, call us at (305) 279-4740 or contact us online for a FREE consultation.
