A Miami trip and fall accident that happens on another’s property and results in serious injuries is commonly referred to as a premises liability case. When an accident happens due to the fault of property owner or the entity in control of the real estate, he or she can be held financially liable for harm suffered. A key issue in a Miami trip and fall case is whether or not it can be proven that the property owner or operator knew or should have known about a dangerous condition on the property and did not act reasonably to correct the hazard. Some examples of dangerous or hidden conditions include uneven ground surfaces, narrow stairwells, deteriorated pavement, rugs or floor mates that are not secured to the ground, loose or missing stairway or ramp railings, and even poor lighting or lack of warning signs.
Trip and falls can happen virtually in any location, anytime of the year, and at any hour of the day. This includes grocery stores, hotels and/or resorts, private homes, businesses (whether small, medium, or large), public spaces, leased homes or apartments, and even your place of employment.
Trip and fall cases generally fall under premises liability. Under Florida law, landowners (or those who control the land) have a legal obligation to maintain the property safe for those who are invited onto the land. When someone suffers an injury on another’s property, he or she may be able to seek monetary compensation for injuries from the landowner through a lawsuit. Most premises liability cases involve a duty owed to an invitee. An invitee is someone the landowner invited onto their property for business purposes and is owed the highest level of duty of care.
Generally, a victim of a trip and fall must prove the following to succeed in a lawsuit and obtain a monetary award:
The invitee must show the landowner knew, or should have known, of the dangerous condition and failed to employ reasonable care to ensure the conditions were safe or to warn others of the danger as well as establishing that the invitee was unaware of the danger.
Trip and falls can result in serious and debilitating injuries including fractures, lacerations, concussions, muscle tears and even sprains. With more than 25 years of experience representing injured victims across Florida, including those involved in Miami trip and falls, the Law Offices of Joseph I. Lipsky, P.A. understand how to present medical evidence and convey the seriousness of your injuries. Click here today to schedule your initial, free case evaluation, or call our office at 305-821-7333 for your no obligation consultation.