Aventura, Florida, Slip-And-Fall Lawyer
Slipping and falling is no joke. People are injured every day when they lose their footing and come crashing down to the ground. While some of these injuries are no more than bruised backsides and wounded pride, many are much more serious. Falls can result in concussions, brain damage, shattered bones, spinal cord damage and neck injuries. If your injury is severe, you could be looking at substantial medical bills and lost days or weeks of work. When another party caused your injury, they should be held accountable.
At my firm, Jared Newman, Esq., I am committed to holding negligent property owners and businesses responsible for the harm they cause. I am Jared Newman, and I understand that slip-and-fall injuries are no laughing matter. If you or a loved one has been hurt while on another person’s property, contact my office at 954-866-1790 to schedule a free consultation.
Slip-And-Fall Accidents In Aventura
“Slip-and-fall” is a term used to describe a variety of accidents. Typically, a slip-and-fall accident occurs when someone loses their balance, falls and is injured on someone’s property. While these accidents can result in personal injury lawsuits, they are often premises liability claims.
People in Aventura fall every day. However, only a percentage of those falls are another party’s fault. In Florida, a property or business owner has an obligation to keep their property in a reasonably safe condition. This duty exists to ensure that their customers or guests are safe from any known hazards. When a property owner or manager is aware or should have been aware of a dangerous condition, they have an obligation to address it. That could include fixing the problem or providing an adequate warning of the danger. When a hazard is not addressed, a property owner or manager could be held liable for any injuries that occur. I am available to explain your legal rights if you have been hurt.
Proving Liability In A Slip-And-Fall Injury Lawsuit
If you are injured because of another party’s conduct or inaction, you could seek compensation through a civil lawsuit. In a slip-and-fall case, an injured person will need to establish four things to the court or jury:
- The plaintiff will have to show that the property owner or business owed them a duty of care. When a supermarket opens its doors for people to come in and shop, both the business owner and store manager are responsible for making sure the property does not present any unreasonable dangers. When a customer walks into a store, they should not expect to be injured. The exact duty owed depends on the relationship between the property owner and the injured individual. For example, a homeowner will owe a different duty of care to a dinner guest than a restaurant owner will to one of their patrons. If you are trespassing on another’s property, they owe you a significantly less duty of care.
- Next, a plaintiff must prove that the property owner or business violated their duty and failed to use reasonable care when maintaining the property. I will gather evidence, including accident reports, witness testimonies, surveillance video and even cellphone pictures that the plaintiff took at the time of the accident, to help establish that a violation occurred.
- A plaintiff must demonstrate that the injury they suffered directly resulted from the property owner or business’s failure to exercise reasonable care.
- In addition to showing that they suffered an injury, the last thing a plaintiff must prove is that they suffered quantifiable damages, such as medical expenses or physical pain.
Who Is Liable For A Slip-And-Fall Injury?
Above, we discussed what an injured plaintiff needs to prove if they file a lawsuit after a slip-and-fall accident. However, who you sue is not always straightforward. If you fall in a supermarket, do you sue the owner, the manager or the building owner if the store owner rents the property? In many cases, there might be more than one potential liable party.
Under Florida law, when multiple defendants contributed to an injury, they each are required to pay damages according to their percentage of the blame. While this can make slip-and-fall cases more complicated, you need to ensure that all possible liable defendants are included or you could win your lawsuit but not collect the full compensation you deserve. My job is to make sure that every possible party that contributed to your injury is included in the lawsuit.
Florida also follows the legal rule of comparative negligence in slip-and-fall cases. Under this rule, a court will look at the party who is most at fault and compare their conduct with the injured plaintiff’s conduct. In some cases, the plaintiff also bears part of the responsibility. For example, if you are walking and texting when you slipped and fell, you could be held partially responsible for your injuries. If you played a significant role in your accident, your potential award could be reduced or prohibited.
I Can Help
Slip-and-fall accidents often result in serious injuries, costing people time and money and leaving them in severe pain. When a property owner or business fails to safely maintain their property, an injured person has legal options. At Jared Newman, Esq., I represent plaintiffs who have been hurt because of other parties’ negligence. To discuss your legal options and rights if you have been injured in a slip-and-fall accident, call my firm at 954-866-1790 to schedule a free appointment.