When an accident involves a slip and fall it is important to speak with a Miami slip and fall lawyer, people rarely react to it seriously and tend to laugh it off usually. People do not take them seriously, but it is these slip and fall accidents which are the most common way how Americans are hurt every year. In most of the cases of slip and fall incidents, the damage or harm done is minor, but some major serious injuries can occur.
Property owners who have failed to maintain and impose safety measures on their premises to prevent slip and fall accidents from happening are likely responsible for being careless and negligent. You need to get in touch with a Miami slip and fall lawyer If you have been victim to an injury. Our qualified and skilled Miami slip and fall attorneys for personal injury at Percy Martinez has the knowledge and experience to help you obtain financial compensation.
There are various kinds of slip and fall accidents. Some of the examples are;
- Stairway falls
- Falls from terrace or balcony
- Sidewalk falls
- Parking ramp drops
- Bathtub shower falls
- Slippery surface falls
As a property owner, it is the obligation of the owner to keep his property in safe condition whoever comes onto their premises. The owner has to ensure that nobody gets hurt or injured due to any falling accident that occurs on its location. When the slips and falls are proven to be caused by the negligence at the property owner’s part, it is likely that you will be compensated for the injuries suffered.
What is considered a Reasonable Slip and Fall Accident?
It is the duty of the judge, and he determines whether the property owner used common sense and how it may be possible that they were at fault about the slip and fall accident. And if there was something or some measures the property owner should have done or taken to keep the property safe and secure against fall accidents will be called “reasonable” care. If any discrepancies or negligence was found at the property owner’s part or any action that he should have taken, then he is responsible.
- Did you slip on a wet area? If yes, was the dangerous condition in the place for quite long so the owner “should have known” about it?
- Did you trip over carpet or floor that was broken or uneven?
- Did anybody else have an accident in the same area before?
- Should a warning sign have been placed to warn people of the potential the danger in the area?
- Was a safer place available to store the object, so that falls could be avoided?
- Is there a scheduled routine of maintenance/cleaning or repairing of the property?
- If so, does the owner possess any proof?
- If you slipped on or stumbled over an object which was left on the ground by someone, was there an appropriate reason for the object to be there?
- Could the object be removed to make the location safer?
If your answer to one or more of these questions is yes, then you possibly have the right to have an appropriate and convenient demand for receiving of settlement. Although, it is crucial that you review whether your actions contributed to the accident. This can result in an unfavorable case to you and a waste of money and time. The best option is, to be honest regarding whose fault brought on the fall accident.
Gathering Evidence For Your Slip and Fall Case
When it is appropriate and possible, we recommend the following actions to be taken: Snap some pictures of the area of the injury and also of your clothes and shoes. Take photos if you suffered any bruising, cuts or scrapes.
Get the name, address and contact number of any of the witnesses of your fall. If you got injured at a store make sure you file a slip and fall accident report with the manager. They will then document your narrative of the injury. This will be a valuable proof to represent your accident case. Ensure that you ask for and get a copy of the accident report before you leave the premises.
Save all or any of the evidence you can get your hands on and keep that item which led you to lose your balance and fall. For example, if you slipped on a piece of vegetable or fruit, put that piece in a plastic bag and freeze it so that you can show it how it made you fall. You could also make good use of your shoes that you wore at that time as evidence. They should be put in a plastic bag and tape it shut so that any matter stuck to your shoe can be preserved.
If you are not successful in taking pictures or in receiving a statement from the store, get an attorney at Percy Martinez, P.A on call. We will get as much information as we can concerning your slip and fall. You must understand as more time passes the scene is wiped off of any of the remnants of your injuries and fall. You will be healed to the extent of your pain which can make the case more difficult.
Although your medical records will write down your injuries, pictures and statements from the people around will prove a more valuable asset in front of the jury.
Slip and fall lawyers have aided in many accident cases which occurred due to defective or broken stairs.
No debris or any material should be left on the stairs which might lead people to fall and hurt themselves from the accidents. Also, a property owner is accountable for ascertaining that the stairwells are sufficiently lightened and supported by sturdy handrails on both sides as an additional safety measure. Everyone needs to use the stairs for coming up and down it is the duty of the owner of the property to show a responsible attitude and take reasonable care.
Who is to be held liable for the Slip and Fall?
- There has to be the occurrence of one of the following reasons to hold the property owner legally responsible for the damages occurred, or injuries caused to you:
- The owner of the area (or an employee) must have spilled something or any other dangerous circumstance.
- The owner of the property (or an employee) “should have known.” a critical condition or risk of falling accident was present.
- The owner of the property (or an employee) must have been aware of the dangerous situation or circumstance and failed miserably at correcting it in the proper manner.
Contact a Miami Slip and Fall Lawyer
Falling accidents seem unimportant but sometimes can lead to painful health conditions and serious injuries for life. Slip and Falls must be taken seriously, it is not always your carelessness which results in fall. More than often the responsibility of a slip and fall accident lies entirely on the owner of the premises. If you or someone that you know slipped and fell on somebody’s property, they might be eligible to receive financial compensation so to be able to pay for the medical expenses, lost income or other things involved.
For further information and proper legal advice, call the FL personal injury attorneys at Percy Martinez, P.A today at (305) 529-0001 so that you could discuss your particular slip and fall accident case with the experts of our legal team and know your rights. Serving Miami, Miami Beach, Doral, Hialeah and Coral Gables.