slip and fall

What Evidence Do You Need to Win a Slip and Fall Accident Lawsuit in Miami?

Published on: February 28, 2025 | by Gerson & Schwartz, P.A.

For victims who suffer injuries on property, an important question regarding your rights is what evidence is required to win a slip and fall accident lawsuit in Miami. Under the Florida’s Evidence Code, the relevant concepts are broad. Relevant evidence is that which proves or disproves a material fact, and all relevant evidence is admissible in court.

However, not all evidence that you can introduce in court will be helpful for your case. You need solid proof related to liability and damages, and you need it even before filing a lawsuit. A Miami slip and fall attorney will tackle the details, but an overview of evidence in premises liability cases is insightful.

How to Prove Negligence in a Florida Premises Liability Case

Comprehensive Guide to Miami’s Slip and Fall Laws

Published on: December 27, 2024 | by Gerson & Schwartz, P.A.

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

What Type of Case is a Slip and Fall in Florida?

Published on: July 5, 2024 | by Gerson & Schwartz, P.A.

For many Florida residents, the notion of pursuing an at-fault party for injuries is typically something associated with traffic accidents. You might be surprised to learn that slip and fall incidents actually claim the lives of more victims annually. According to the US Centers for Disease Control and Prevention (CDC), unintentional falls cause around 44,630 deaths every year, while 44,534 victims are killed in motor vehicle crashes. With both types of accidents, the losses for victims can be significant.

Fortunately, the laws that apply to auto collisions also provide rights for victims of slip and falls because both are personal injury claims under Florida law. You have legal remedies, so it is important to discuss them with a Miami slip and fall accidents attorney. Some answers to frequently asked questions are also useful.

What is the legal basis for a slip and fall?

Slip and Fall Accidents Can Cause Serious Injury

Published on: February 9, 2024 | by Gerson & Schwartz, P.A.

Slip and fall accidents are a ubiquitous part of childhood, but when was the last time you suffered an accidental fall as an adult? People tend to think that anyone between the ages of 13 and 65 who gets injured in an accidental fall must be unusually careless or unlucky. In the silent film era, Buster Keaton made a career of the unexpectedness of seeing adults fall down.

When an apparently healthy adult suffers an accidental fall at a place of business, the cynical voices of the blogosphere and the social media platform formerly known as Twitter will start to speculate that the person is faking it and is just trying to cash in on a premises liability claim. Consider Slippin’ Jimmy from Better Call Saul.

Unfortunately, businesses, which are legally responsible for preventable accidental injuries that occur on their premises, are all too willing to capitalize on the lack of public sympathy for victims of accidental falls and to use this to bully you into accepting a premises liability settlement that does not cover the full cost of your accident-related medical bills. For help getting a sufficient settlement amount for your premises liability claim, contact a Miami premises liability lawyer.

Spinal Injuries in Florida Slip and Fall Accidents

Published on: December 22, 2023 | by Gerson & Schwartz, P.A.

A slip and fall accident could affect any part of the body, whether the injury comes from striking a hard surface, attempting to break the fall, or trying to mitigate harm. Because of the role the spine plays in terms of providing stability, mobility, and flexibility, a victim will often suffer injuries to the spinal cord. The National Spinal Cord Injury Statistical Center (NSCISC) reports that falls rank second for causing trauma to the spinal cord, while auto crashes top the list. Slip and fall incidents are responsible for 32.2% of all spinal cord injuries.

If you sustained trauma to the spinal cord, the implications could be extremely serious. You do have legal remedies, such as pursuing a negligent property owner for not maintaining the premises. A Miami slip and fall accidents attorney will assist with recovering monetary damages for your losses, but you can check out some basics about spinal cord injuries.

Types of Spinal Cord Injuries

Types of Injuries That Result From a Miami Slip and Fall Accident

Published on: May 19, 2023 | by Gerson & Schwartz, P.A.

With stories about motor vehicle accidents constantly in the news, it might surprise you to learn that traffic collisions are not the top cause of injuries in the US. Falls are the number one reason individuals seek medical treatment, according to the Centers for Disease Control and Prevention (CDC). Every year, almost 8.6 million people visit hospital emergency rooms for care due to injuries from slip and falls. Tragically, around 44,680 people are killed in fall accidents annually.

Florida personal injury laws apply to slip and fall accidents, so you may be able to recover compensation if you were hurt. It is important to take advantage of all legal opportunities since your injuries can be life-changing. Besides physical pain, you may also endure emotional and financial losses. It is crucial that you trust a Miami slip and fall attorney for assistance with the process, especially if you suffered any of the following injuries from an accident.

Trauma to the Head

Surprising Dangers Lurk at Your Local Miami Supermarket

Published on: April 7, 2023 | by Gerson & Schwartz, P.A.

Whether you head out to your Miami neighborhood supermarket to grab a carton of milk or hit a big box store for a week’s worth of groceries, you never expect that your safety may be at risk. Unfortunately, negligent store owners who do not properly maintain the premises create a significant risk of harm. Dangers lurk down every aisle, and many of them are either hidden or unknown to shoppers. Slip and falls at the supermarket can lead to serious injuries, but there are numerous hazardous conditions that could also cause harm at the grocery store.

Florida personal injury laws provide victims with legal remedies under the concept of premises liability. You may qualify to recover damages if you can prove that the accident happened because the supermarket owner breached the duty to keep the store safe for shoppers. A Miami premises liability lawyer can assist with the process of obtaining compensation, but it is helpful to review some information on the risks you could encounter.

Negligence Leads to Grocery Store Accidents

Actual v. Constructive Notice in Florida Slip and Fall Cases

Published on: July 8, 2022 | by Gerson & Schwartz, P.A.

People tend to point at motor vehicle accidents as the biggest safety concern, so you might be surprised to learn how slip and fall incidents rank in terms of harm to victims. According to the US Centers for Disease Control and Prevention (CDC), almost 37,500 people are killed every year because of unintentional injuries from falls. In addition, more than 6.8 million victims seek treatment in hospital emergency rooms annually from accidental slip and falls. While it is true that the elderly are more at risk, the statistics reveal that these incidents affect all age groups.

Fortunately, Florida personal injury laws protect the interests of victims. The concept of premises liability applies, though many people refer to accidents as “slip and falls” because of how they happen. Premises liability deals with a property owner’s duty, which depends in part upon having notice of a dangerous condition. A Miami slip and fall attorney will help with important tasks, though an overview is informative.

How Notice Works in Premises Liability Claims

Serious Soft Tissue Injuries in Miami Slip and Fall Accidents

Published on: February 11, 2022 | by Gerson & Schwartz, P.A.

The violent impact of a slip and fall accident can lead to a wide range of injuries, and the most serious ones will obviously require immediate medical attention. You know to head to the ER or urgent care center immediately if you suffer excessive bleeding, broken bones, head injuries, or related trauma. However, it is also common for victims to suffer soft tissue injuries that they may not even realize. Medical professionals at Johns Hopkins Medicine define soft tissue injuries as trauma and damage to the various muscles, ligaments, and tendons throughout the body.

Florida premises liability laws allow you to recover compensation when a property owner’s negligence causes soft tissue injuries, but there can be challenges even when fault is clear. It is wise to retain a Miami slip and fall accident lawyer to tackle the legal burdens, but some background information is useful.

How Slip and Fall Accidents Cause Soft Tissue Injuries