Slip and falls result in countless injuries every year. When a visitor to a property suffers a preventable injury, the law of premises liability determines the responsibility of the property owner or manager. The law applies both to residences and places of business.
Property owners and businesses have a duty to maintain a safe property for customers, pedestrians, and other visitors and effectively warn them of possible dangers. The key to slip and fall accident cases is to prove that the property owner or manager was negligent and your injury resulted from that negligence. We have over thirty years of experience assisting victims of slip/trip and falls.
Premises liability can occur due to a foreign substance (water, food, debris, etc.) on the floor, uneven surfaces, falling products in a store, slippery stairs or poor upkeep of property. Proving negligence is the key in your premises liability case, but it can be difficult. One reason is that a property owner might make quick repairs before you even file a claim. If possible, take photographs of the accident scene and your injuries and write down the names and addresses of any eyewitnesses.
A property owner is not responsible simply because someone was injured on his or her property. The property owner has to be proven negligent. The owner of the property must pay for losses caused by the dangerous condition of the property if the injured person can prove:
- The condition of the property was dangerous;
- The owner knew, or should have known, about the dangerous condition; and
- The owner had a reasonable opportunity to correct or warn of the condition, which was not reasonably open and obvious to the injured party at the time of the accident.
What duty of care does the owner have?
The owner’s duty of care depends on the victim’s status on that property. The victim could have been a:
- Business invitee who is there for the mutual economic growth of both parties;
- Social visitor who is there by invite and not for the owner’s economic growth; and
- Illegal trespasser who is on the premises without permission.
Generally, the property owner owes the highest duty of care to the business invitee and the lowest to the trespasser.
What should I do if I’ve been injured?
Many factors are involved in resolving a slip and fall accident case. If you’ve been injured due to an unsafe condition on someone’s property, it’s important to contact a lawyer soon after your injury to discuss your case in detail. An early investigation is important to the success of your case.
The Miami slip and fall lawyers at Jugo & Murphy are happy to serve clients living in, or with cases that occurred in, the South Florida area, including Miami and the Florida Keys. Just one example of a case handled by our premises liability attorneys involved an 80 year old who was rendered quadriplegic following a trip on tile in the elevator of apartment complex. The case settled for $6 million. Read our FAQ about personal injury or call us today!
Other Practice Areas
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- SUV Rollovers
- Nursing Home Abuse
- Aviation Accidents
- Maritime Accidents
- Premises Liability
- Negligent Security
- Medical Malpractice
- Boating Accidents
- Construction Accidents
- Insurance Bad Faith
- Tobacco Litigation