Miami, FL Slip and Fall Lawyer

Slip and Fall Lawyers Serving Miami and All of Southeast Florida

Businesses and property owners in Miami and elsewhere in Florida have a legal duty to maintain safe environments for visitors. If negligence on the part of the business or property owner—perhaps an unmarked wet floor or an unrepaired uneven surface—leads to an accident, the injured party may seek compensation. The validity of a Florida slip and fall accident claim often hinges on proving that the defendant:

• Knew or should have known about the hazard and; 
• That they failed to properly address the safety hazard.

When Is a Miami Property Owner or Occupier Liable: Examples of Negligence

A business or property owner in Miami is not automatically liable for a slip and fall accident that happens on their premises. Instead, they will only bear legal responsibility if their negligence contributed to the incident. You will generally need to prove that there was an unreasonable safety hazard on the property. Here are some notable examples of slip and fall accidents that could constitute negligence in Miami:

• Slippery surfaces: Slippery surfaces are the cause of many slip and fall accidents. Under Florida law (Florida Statutes § 768.0755), an injured person must prove that a business establishment had knowledge of the dangerous condition and should have acted to remedy it to hold them liable for a fall caused by a slippery surface. 
• Uneven floors: Areas where the flooring is inconsistent or where there are sudden, unmarked changes in floor height can pose significant risks. Property owners should ensure that transitions between different types of flooring are smooth and visibly marked. 
• Tattered carpeting: Over time, carpeting can wear out, leading to raised edges or holes. Deteriorated carpeting can pose a serious slipping/tripping hazard. A business or property owner in Miami may be held liable if they fail to replace or repair it.
• Broken stairs: Stairs are high-risk zones for fall accidents. With this in mind, staircases should always be in proper working order. Broken or uneven stairs can cause severe falls. Handrails should also be sturdy and present where needed.
• Lack of lighting: Adequate lighting is crucial. Slip and fall accidents are far more likely to occur in areas that are poorly lit. Broken or unreasonably dim lights may be deemed negligence if not properly addressed by a business or property owner.

If you’ve experienced a slip and fall caused by any of these conditions, it may be a sign of negligence. After a slip, trip, or fall on someone else’s property, it is in your best interest to consult with the Miami slip and fall lawyers at Bernheim Kelley Injury Lawyers. We will listen to your story, assess the merits of your case, and explain your rights and legal options.

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An Overview of the Most Common Slip and Fall Accident Injuries

What are the slip and fall accident consequences? Unfortunately, for many people, these incidents can cause truly devastating harm. Slip and fall injuries can range from relatively minor and moderate to catastrophic and life-threatening. Some of the most common slip and fall accident injuries reported in Miami include:

• Sprains: These injuries occur when ligaments are stretched or torn, often affecting the wrists, ankles, or knees. Sprains can cause pain, swelling, and limited mobility, sometimes requiring physical therapy for recovery.
• Strains: Muscles or tendons can be overstretched or torn in a slip and fall, particularly in the back or legs. Strains can lead to significant discomfort and may limit a person’s ability to perform daily activities.
• Soft Tissue Damage: Bruises, contusions, and other soft tissue injuries are common after a fall. While these may seem minor initially, untreated soft tissue damage can result in chronic pain or long-term mobility issues.
• Broken Bones: Falls are a leading cause of fractures, especially in the wrists, arms, hips, and ankles. These injuries can be particularly severe for older adults and may require surgery or prolonged rehabilitation.
• Traumatic brain injuries (TBIs): A hard impact to the head during a fall can lead to a concussion or a more severe TBI. These injuries can cause lasting cognitive, emotional, and physical impairments, significantly impacting quality of life.
• Facial injuries: Falls can result in injuries to the face, including cuts, bruises, broken noses, or even dental damage. These injuries may require reconstructive surgery or dental procedures.
• Internal injuries: A fall can cause damage to internal organs, such as the liver, kidneys, or spleen. These injuries are often life-threatening and require immediate medical attention.
• Spinal cord damage: Damage to the spine from a fall can lead to partial or complete paralysis, chronic pain, or mobility challenges. These injuries are among the most serious and often have life-altering consequences.

If you or someone you know has experienced any of these injuries due to a slip and fall, it’s essential to seek medical care immediately and consult with a Miami slip and fall lawyer to understand your legal options.

How Common Are Slip and Fall Injuries in Miami?

Slip and fall accidents and trip and fall accidents happen far more often than many people realize. The National Floor Safety Institute reports that around one million people are hurt in slips and falls each year. Many of these incidents result in catastrophic injuries or even fatalities.

What to Do After a Slip and Fall Accident in Miami

A serious slip-and-fall accident can change your entire life in a matter of seconds. It can be sudden, painful, and leave a person dealing with serious injuries. Navigating the aftermath of a slip and fall can be challenging, especially from a legal perspective. Here are four steps to take to put yourself in the best position to bring a successful slip and fall accident injury claim in Miami:

• Get immediate medical care for any injuries: The first priority is your health. After a slip and fall, it is essential to seek immediate medical attention. Not only does this protect your health, but it also creates a medical record of the incident. You need to see a doctor to be eligible to bring a slip and fall accident claim in Florida. 
• Document the accident—especially the safety hazard: Your memory might fade over time, and conditions at the accident site can change. Try to take pictures of the scene, most notably the specific hazard that caused your fall. If there were any witnesses, collect their names and contact details. Write a brief account of what happened. 
• Notify the business or property owner: Another key step that you should take is that you should formally notify the person or entity responsible for the premises about the accident. If the accident occurs at a business, report it to the management or owner. Creating a record of the slip and fall accident can make it easier to pursue a legal claim.
• Consult with a Miami slip and fall attorney: Before you give any statement to the at-fault business, the at-fault property owner, or any insurance company, you should consult with a Miami slip and fall accident attorney. Your lawyer will ensure that your legal rights and financial interests are protected at each and every step of the way.

What Is My Miami Slip and Fall Accident Case Worth?

If you’ve been injured in a slip and fall, it’s natural to wonder about the value of your case. The truth is, every personal injury case is unique, and many factors can influence its worth.

Key considerations include:

• The severity of your injuries: The more serious your injuries, the higher the potential compensation. This includes both short-term injuries and long-term or permanent conditions that affect your daily life.
• The cost of past and future medical treatment: From emergency care to ongoing therapy or surgery, medical bills play a significant role in determining your case’s value. Anticipated future costs, such as rehabilitation or long-term care, are also factored in.
• How the injury affects your ability to work and enjoy life: If your injury prevents you from working or limits your capacity to earn in the future, it can significantly increase your compensation. The same applies if it impacts hobbies, family activities, or your overall quality of life.
• Your pain and suffering: This includes physical pain, emotional distress, and the mental toll of dealing with your injuries. While harder to quantify, these factors are critical in determining your case’s value.

The best way to get a clear idea of your case’s worth is to speak with an experienced attorney. We’re here to help you understand your options and offer a FREE case evaluation to get you started—don’t hesitate to reach out.

What Types of Damages are Available to Slip and Fall Accident Victims in Miami?

A slip and fall accident claim is a type of premises liability case. The primary legal remedy in any premises liability claim is compensation. For slip and fall accident victims in Miami, it is crucial that they are able to secure the maximum available compensation. The damages that you can seek through a Miami slip and fall injury claim can be split up into three broad categories:

Economic Damages

Economic damages form the basis of your claim. These are actual, tangible losses related to your slip and fall accident. Some of the common examples of economic losses include:

• Medical expenses: Costs related to medical treatment, including:
  • Emergency room visits
  • Hospital stays
  • Surgeries
  • Doctor’s appointments
  • Prescription medications
  • Physical therapy or rehabilitation
  • Medical devices, such as crutches or wheelchairs
• Future medical costs: Anticipated expenses for ongoing medical care or long-term treatments, such as continued therapy, follow-up appointments, or specialized care.
• Lost wages: Compensation for income lost due to time off work while recovering from the injury.
• Loss of earning capacity: If the injury affects your ability to work in the future or limits your career options, you may be entitled to damages for reduced earning potential.
• Out-of-pocket expenses: Other costs directly related to the injury, such as:
  • Transportation to and from medical appointments
  • Childcare services while receiving treatment
  • Home modifications (e.g., wheelchair ramps)
  • In-home care or assistance

Non-Economic Damages

Non-economic damages are more difficult to value, but no less real. They must be properly considered as part of your claim. Non-economic damages include:

• Pain and suffering: Compensation for the physical pain endured as a result of the injury, whether it’s temporary or chronic. This includes discomfort during recovery, ongoing pain, or any limitations caused by the injury.
• Mental distress: Psychological impacts such as anxiety, depression, or emotional trauma stemming from the accident. This can also include conditions like PTSD or a general decline in mental well-being.
• Long-term disability: Damages for the permanent loss of mobility or function caused by the injury, which can significantly impact your ability to work, care for yourself, or live independently.
• Physical disfigurement: Compensation for permanent changes to your appearance, such as scarring or deformities, which may affect your confidence, relationships, and overall quality of life.

Punitive Damages

Punitive damages are rarely awarded and are not tied to a specific loss. Instead, they are designed to punish the extremely reckless conduct of the at-fault business or property owner.

Florida law caps punitive damages. Typically, the amount cannot exceed three times the compensatory damages or $500,000, whichever is greater. Exceptions may apply in cases involving intentional harm or especially egregious misconduct.

Can I Recover Damages If I Am Partially at Fault for a Slip and Fall Accident in Florida?

It depends. You need to prove fault to bring a successful slip and fall accident claim in Miami. That being said, compensation may still be recovered even if you are found partially at fault for the accident. Florida now operates under a modified comparative negligence system for premises liability claims. As long as you are at fault for no more than 50% of your own accident, you may be eligible to recover compensation through a slip and fall accident claim in Miami.

Does It Matter What I Was Doing at the Property?

Yes. It matters a lot. While businesses and property owners owe a duty of care to customers and other guests (invitees), they only owe very limited legal duties to trespassers. If you were trespassing at the time of the slip and fall in Miami, it would be difficult to bring a claim.

What Is the Burden of Proof in Slip and Fall Accident Claim in Florida?

In a slip and fall accident claim in Florida, the burden of proof rests on the plaintiff. They must demonstrate, using a preponderance of the evidence, that the property owner’s negligence caused their injury. To be clear, this is a far more forgiving standard than “reasonable doubt.” In effect, you need to prove the defendant’s culpability with a 51% likelihood.

How Do I Prove Negligence After a Slip and Fall Accident in Florida?

Florida property owners are required by law to keep their premises reasonably safe for visitors and guests. Most slip and fall cases fall under premises liability law and involve proving negligence.

If you’ve fallen on someone else’s property, you’ll need to demonstrate:

• The property owner owed you a legal duty of care.
• They breached that duty.
• Their breach caused your fall.
• You suffered damages as a result.

The specific duty of care a property owner owes depends on whether the property is a business or a private residence.

When visiting a business, you are classified as a “business invitee,” meaning the property owner must:

• Keep the property free from unreasonable dangers.
• Fix any known hazards promptly.
• Regularly inspect the property for hidden dangers.
• Provide adequate warnings about any unsafe conditions that can’t be fixed immediately.

Florida law also addresses slip and falls caused by a “transient foreign substance,” like spilled liquids in a store. To recover compensation in these cases, you must show the business had actual or constructive knowledge of the hazard. This can be proven by demonstrating:

• The hazard had been present long enough that a reasonable owner should have noticed and addressed it.
• Similar incidents occurred frequently enough that the danger was foreseeable.

If you’re injured at a private residence, you are classified as a “licensee,” or social guest. Property owners must warn you of any known dangers but are not required to fix hazards or inspect for hidden ones.

Were you injured in a slip and fall? The team at Bernheim Kelley Injury Lawyers is here to help. We’ll gather evidence, review video footage, interview witnesses, and examine the scene to build a strong case for your claim. Contact us today for a free consultation and let us handle the details while you focus on your recovery.

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An Overview of Defenses to Be Prepared for in a Slip and Fall Case

When preparing to pursue a slip and fall accident injury claim in Miami, it is essential to anticipate potential defenses that the opposing party might raise. Indeed, businesses, property owners, and insurance companies often fight these claims aggressively. Here are some common defenses:

• Trespassing: If the injured party was on the property without permission, the owner might use trespassing as a defense, arguing they owed no duty to the trespasser.
• No notice: Property owners might claim they were unaware of the hazard. If they can prove they had no actual or constructive knowledge of the dangerous condition, they may escape fault. 
• Adequate warning: If the property owner provided clear warning signs around the hazardous area, they might argue that they took reasonable steps to prevent accidents.
• Comparative negligence: The defendant may argue that the victim was partly or wholly responsible for their own injuries. Always be ready to challenge a defendant who tries to push the blame for your slip and fall accident back onto you.

The Miami slip and fall lawyers at Bernheim Kelley Injury Lawyers understand Florida law and the complexities of proving negligence in slip and fall claims. We aren’t intimidated by big insurance companies and their vast legal teams and we don’t back down from a fight. If you were hurt on a dangerous property, you may be entitled to compensation for your physical, financial, and emotional losses. Contact our Miami office today for a FREE case evaluation.

What Is the Statute of Limitations for a Slip and Fall Accident Lawsuit?

Under Florida law (Florida Statutes § 95.11), the time limit for filing a lawsuit after a slip and fall accident is governed by the state’s statute of limitations. For most personal injury cases, including slip and falls, you have two years from the date of the accident to file a lawsuit. If you miss this deadline, your case will likely be dismissed, and you may lose your chance to recover compensation.

However, there can be exceptions. For example, if the accident involved a government-owned property, you must follow additional steps and shorter deadlines to notify the agency involved. Because these rules can be complicated, it’s important to act quickly and consult an experienced attorney who can protect your rights and ensure you meet all required deadlines.

If you’ve been injured in a slip and fall, don’t wait—contact our team at Bernheim Kelley Injury Lawyers for a free consultation. We’ll help you understand your legal options and make sure your case stays on track.

Contact Our Miami Slip and Fall Accident Attorney Today for a FREE Case Review

Slip and fall accident injury claims are notoriously complex. You cannot trust businesses, property owners, or commercial property insurance companies to do what is right for you and your family. At Bernheim Kelley Injury Lawyers, we fight for Real Justice and real results for injured victims—whether through a personal injury settlement or personal injury verdict. 

Our Miami slip and accident lawyers are passionate, experienced, and effective advocates for injured victims. If you were hurt in a slip and fall or trip and fall, we are here to help. 

Contact us right away for your FREE, no-strings-attached consultation. Our Miami office handles slip and fall claims in Miami-Dade County and throughout Southeast Florida.