Miami Personal Injury Lawyer Blog
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?
The theory of liability that applies to slip and fall accidents is premises liability, which is based upon the concept of negligence. A property owner who breaches the duty to keep the premises reasonably safe can be held accountable if the breach is the direct cause of a slip and fall.
Are there other types of premises liability accidents? These cases are called slip and falls because these incidents frequently result when property owners are negligent. However, under the same theories, a victim may also pursue the at-fault party for:
· Electrocution
· Burns
· Food poisoning
· Dog bites
· Criminal assault and intentional attacks
Who is liable for slip and falls in Florida?
Though property owners are typically liable for negligence, there are additional parties you might need to pursue. In general, under premises liability concepts, any party that has authority, ownership, or control could be liable. Examples include:
· Lessors and landlords
· Tenants and lessees
· Promoters of events
· Property management companies
· Companies that provide security
How do I recover damages for accident injuries?
There are multiple parties that could be liable, but you will usually pursue them through their respective insurance companies. The process starts by filing a claim and requesting payment, backed by evidence showing fault by the policyholder. You will also need to provide information about your injuries and losses.
What compensation is available to injured victims?
In a successful slip and fall claim, you may recover amounts for medical costs, lost wages, and out-of-pocket expenses to treat your injuries. It is also possible to obtain damages for pain and suffering.
Ask a Miami Slip and Fall Lawyer About Your Rights
These answers to common questions should clarify how slip and fall accidents work in Florida, but you need personalized details if you were affected. Our team at Gerson & Schwartz, PA, assists clients with a wide range of personal injury cases, so we are ready to help pursue your legal remedies. Please contact our firm to set up a complimentary case assessment at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. You can call (305) 371-6000 or visit our website to speak to a premises liability attorney.
