Miami Personal Injury Lawyer Blog
Slip and fall accidents are common around Miami restaurants, stores, parks, and other businesses, often leading to serious injuries. Broken bones, back and neck injuries, head trauma, and other injuries are common. Fortunately, you have legal remedies under Florida law if you were hurt in an accident on property, and your rights are grounded in premises liability concepts.
In addition to premises liability details, having in-depth knowledge of several other laws that impact your rights is critical. A Miami slip and fall accidents lawyer can explain how the following legal concepts impact your unique situation.
Premises Liability Overview
Under Florida law, property owners have a responsibility to maintain safe premises. This applies to both public and private spaces in Miami. If an owner fails to address hazards like wet floors, poor lighting, or uneven surfaces, they can be held liable for injuries that occur due to their negligence.
Elements of Negligence
For a successful slip and fall claim in Miami, you must prove that the property owner was negligent. There are four elements in a negligence case:
- The property owner owed you a duty of care.
- The owner breached that duty by allowing dangerous conditions to persist and failing to make repairs.
- The breach directly caused your accident.
- You sustained damages, such as medical bills or lost wages.
Statute of Limitations in Florida
If you have been injured in a slip and fall accident in Miami, it is important to act quickly. Florida law sets a two-year statute of limitations for filing personal injury claims, including those based upon premises liability. Failing to file within this timeframe could result in losing your right to pursue compensation.
Plus, failing to take action right away may harm your rights. Evidence may deteriorate, and the memories of witnesses fade over time.
Comparative Negligence in Florida
Like many other US states, Florida has enacted a comparative negligence statute. This means that even if you are partially at fault for the slip and fall accident, you can still recover damages. However, your compensation will be reduced by the percentage of your fault. For instance, if you are found 20 percent at fault, you can still recover 80 percent of the damages.
Defenses Raised by Property Owners
Property owners in Miami often raise defenses to avoid liability, and the statute of limitations and comparative negligence are both possibilities. Additional defenses that property owners raise include:
- The hazard was “open and obvious,” meaning you should have avoided it.
- The owner posted warning signs, and you ignored them.
- You were trespassing when hurt on someone else’s property.
- The dangerous condition occurred suddenly, and the owner didn’t have enough time to fix it.
Trust Our Miami Slip and Fall Attorneys for Assistance
If you’ve been injured in a slip and fall accident, Gerson & Schwartz, PA, can help you tackle the legal process. We are committed to securing the compensation you deserve, so reach out today to set up a free consultation. You can reach our offices in Miami, Fort Lauderdale, or West Palm Beach by going online or calling (305) 371-6000.
