Miami Slip and Fall Lawyer | Florida Slip & Fall Attorney

Slip and fall accidents can happen anywhere and to anyone. These incidents can be jarring and damaging, leading to serious injuries including broken bones, concussions, even death. However, when victims of slip and fall accidents attempt to pursue legal action or file insurance claims for their injuries, they can be met with skepticism, dismissal, and blame due to Florida’s “pure comparative negligence laws.” Our Miami slip and fall attorneys are well versed in handling cases that involve negligent property owners. Since we focus solely on personal injury and wrongful death cases, we are skilled at finding paths to receiving the compensation our clients deserve.

Contact us today for a free consultation by calling (305) 638-4143 or completing our online form. We speak English as well as Spanish and offer scheduling flexibility.

Table of Contents

• Florida Slip & Fall Statistics
• Liability in Slip & Fall Accidents
• Why Property Owners Should Be Held Accountable
• Common Causes For Slip & Fall Accidents in Miami, Florida
• Common Injuries in Slip & Fall Accidents
• What Compensation Are You Eligible For After a Slip & Fall Accident in Florida?
• FAQs
• Why Do You Need a Lawyer for a Slip & Fall Injury?
• Why Choose Flanagan & Bodenheimer For Your Slip & Fall Case
• Free Consultation With a Miami Slip & Fall Attorney

Florida Slip and Fall Statistics

Slip and fall accidents are significant safety hazards that cause injury and death to hundreds of Miami residents every year; senior citizens age 65 and older are particularly at risk.

The Florida Department of Health provides the following statistics on slip and fall accidents:

• Unintentional falls are the leading cause of injury-related death for Florida’s senior citizens.
• Unintentional falls are the fourth leading cause of injury-related death for Florida residents.
• In 2022, 4,207 Floridians died from an unintentional fall, including 169 deaths in Miami-Dade County and 234 deaths in Broward County.
• Miami employees are at risk for slip and fall accidents, as well. According to the Bureau of Labor Statistics, 16% of all fatal work injuries that took place in Florida during 2016 were slip and fall accidents.

Liability in Miami Slip and Fall Accidents

Florida operates under a pure comparative negligence rule. Before reaching a settlement in a slip and fall injury case, the court will have to decide what percentage of the blame belongs to the victim and what percentage belongs to the defendant.

In Miami slip and fall cases, the defendant can make several claims against the victim to reduce the value of the claim, including:

• The victim was not allowed to be in the area where the fall took place.
• The victim should have known better and been more cautious.
• The owner took reasonable steps to protect the victim from the fall hazard, including signs.
• The victim was wearing inappropriate footwear.
• If the court finds that the victim is responsible for a percentage of the negligence in the incident, it will use that percentage to reduce the value of the settlement. For example, if the jury finds that a victim wore inappropriate footwear that may have contributed to his or her fall, the court may find that the victim is 30% at fault for the fall. If the settlement amount is $20,000, the court will deduct 30% from that amount. As a result, the victim will only receive $14,000.
• Another factor in determining liability for slip and fall cases is in Florida Statute 768.0755 on premises liability. This statute states that if a person slips on a foreign substance in a business, he or she must prove that the business knew about the substance before the accident and failed to take steps to make the area safe. If the victim cannot do this, he or she does not have grounds for a case.

Property Owners Should Be Held Accountable

When property owners are negligent in their upkeep of the grounds, accidents can happen that can permanently alter the victim’s life. When the floor or carpet is uneven, guests can trip and break a wrist. When a light is broken the visibility is poor, someone can break an ankle on an uneven surface. If handrails and other safety precautions are not provided, elderly or disabled people can experience devastating falls.

The Miami slip and fall attorneys at Flanagan & Bodenheimer Personal Injury & Wrongful Death Law Firm will do everything in their power to help you hold negligent people accountable and seek the compensation you need to make a full recovery. Our personal injury law firm has extensive experience standing up to property owners, landlords, insurance companies, and those who attempt to deflect responsibility.

These are some of the most common places we see slip and fall accidents occur:

• Grocery stores
• Restaurants and bars
• Shopping malls
• Sidewalks and public walkways
• Parking lots and garages
• Hotels and resorts
• Office buildings
• Residential properties (apartment complexes, private homes)
• Hospitals and healthcare facilities
• Construction sites
• Swimming pools and water parks
• Public parks and recreational areas
• Sports stadiums and arenas
• Public transportation facilities (train stations, bus terminals)
• Schools and universities
• Cruise Ships

Common Causes For Slip and Fall Accidents in Florida

• Wet and Slippery Surfaces: Miami’s tropical climate brings frequent rainfall and high humidity levels, leading to slippery surfaces on sidewalks, parking lots, and indoor floors. Rainwater, spilled drinks, or leaks from air conditioning units can create hazardous conditions, increasing the risk of slip and fall accidents. Additionally, businesses and property owners have a duty to maintain safe premises by promptly cleaning up spills and providing warning signs when floors are wet.
• Uneven Pavement and Sidewalks: Miami’s aging infrastructure and rapid development can result in uneven pavement, cracked sidewalks, and potholes, posing tripping hazards for pedestrians. Uneven surfaces can catch unsuspecting individuals off guard, causing them to trip and fall. Property owners are responsible for maintaining sidewalks and walkways in a safe condition, but negligence or delayed repairs can contribute to slip and fall accidents.
• Inadequate Lighting: Poor lighting conditions, especially at night or in dimly lit areas, can obscure hazards and make it difficult for pedestrians to see potential dangers. Dark parking lots, poorly lit stairwells, and dimly lit corridors increase the likelihood of slip and fall accidents. Property owners should ensure that adequate lighting is installed and maintained to illuminate pathways and identify potential hazards.
• Loose or Damaged Flooring: Loose floorboards, torn carpeting, or cracked tiles can create tripping hazards indoors, particularly in commercial establishments such as restaurants, hotels, and shopping malls. Worn-out or damaged flooring should be promptly repaired or replaced to prevent slip and fall accidents. Property owners who fail to address these issues may be held liable for injuries sustained on their premises.
• Obstructed Walkways: Cluttered walkways, obstructed aisles, and improperly placed signage can impede pedestrian traffic flow and increase the risk of slip and fall accidents. Merchandise displays, equipment, or debris left in walkways can trip individuals or cause them to lose their balance. Property owners and businesses should maintain clear pathways free from obstructions and ensure that signage is placed in visible locations to alert pedestrians to potential hazards.
• Construction Sites: Miami’s booming construction industry often results in construction sites dotting the cityscape. These sites can pose significant hazards for pedestrians, including uneven terrain, debris, exposed wires, and open excavations. Failure to secure construction zones, provide adequate signage, and implement safety measures can lead to slip and fall accidents, resulting in serious injuries to workers and passersby alike.

Common Slip & Fall Injuries

Whether it’s a wet floor, uneven pavement, or an obstruction in a walkway, slip and fall accidents can lead to serious injuries. These are some of the most common injuries we see from slip and falls:

• Traumatic Brain Injuries (TBIs): Traumatic brain injuries are among the most severe consequences of slip and fall accidents. When a person’s head makes contact with a hard surface during a fall, it can result in a range of injuries, from concussions to more severe traumatic brain injuries. Symptoms may include headaches, dizziness, nausea, memory loss, and even cognitive impairment. TBIs require immediate medical attention and can have long-lasting effects on an individual’s life.
• Spinal Cord Injuries: Slip and fall accidents can also lead to spinal cord injuries, which can result in partial or total paralysis. The impact of the fall can damage the delicate nerves in the spinal cord, leading to loss of sensation and motor function below the site of the injury. Depending on the severity of the injury, individuals may require extensive medical treatment, rehabilitation, and long-term care.
• Fractures and Broken Bones: Fractures and broken bones are some of the most common injuries sustained in slip and fall accidents. When a person falls, they may instinctively try to break their fall with outstretched hands or arms, leading to fractures in the wrists, arms, or shoulders. Additionally, the impact of the fall can cause fractures in the hips, legs, or ankles. Recovery from these injuries may require surgery, physical therapy, and time off work.
• Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, and bruises, are also common in slip and fall accidents. These injuries occur when the muscles, ligaments, or tendons are stretched or torn during the fall. While soft tissue injuries may not be as severe as fractures or TBIs, they can still cause significant pain and discomfort, and may require medical treatment and rehabilitation.
• Dislocations: When a person falls, the impact can force a joint out of its normal position, resulting in a dislocation. Common areas for dislocations in slip and fall accidents include shoulders, elbows, knees, and hips. Dislocations can cause severe pain, swelling, and limited mobility. Treatment may involve manual manipulation to relocate the joint, followed by immobilization and rehabilitation therapy.
• Cuts and Lacerations: Slip and fall accidents can often result in cuts and lacerations, especially if the individual lands on sharp objects or broken glass. Deep cuts may require stitches or surgical intervention to repair, and there’s a risk of infection if the wound is not properly cleaned and treated. In some cases, scarring and disfigurement may occur, leading to both physical and emotional distress for the victim.
• Internal Injuries: The force of impact in a slip and fall accident can cause internal injuries, such as organ damage, internal bleeding, or bruising of internal tissues. Internal injuries may not be immediately apparent, but symptoms can develop over time and may include abdominal pain, dizziness, fainting, or vomiting. Prompt medical evaluation is essential to diagnose and treat internal injuries effectively.

How Much Is My Florida Slip & Fall Injury Case Worth?

The value of your slip and fall case depends on the severity of your injuries and extent of your losses. Generally, slip and fall cases that result in serious injuries such as paralysis are worth more than cases with minor injuries such as a sprained ankle. The value of the case depends on the extent of your:

• Medical expenses
• Disability costs
• Loss of Income
• Past and future pain and suffering
• Emotional injuries
• Legal fees and out-of-pocket expenses

If you want more insight about the potential value of your slip and fall lawsuit in Miami, schedule a free consultation with our injury attorneys today. We will discuss the details of your case and review of your claim thoroughly to provide an estimate of the value. Then, if we accept your case, we will help you negotiate with the corresponding insurance company for maximum compensation.

What Compensation Are You Eligible For After a Slip & Fall Accident in Florida?

Slip and fall accidents can result in serious injuries, significant medical expenses, and other financial burdens for victims. If you’ve been injured in a slip and fall accident due to the negligence of a property owner or business in Florida, you may be entitled to compensation for the following:

• Medical Expenses: This can include costs related to emergency medical treatment, hospital stays, surgeries, prescription medications, physical therapy, and ongoing medical care. Victims are entitled to compensation for both past and future medical expenses directly attributable to the slip and fall injuries.
• Lost Wages and Income: Slip and fall injuries can often result in temporary or permanent disabilities that prevent victims from returning to work or performing their job duties. Compensation for lost wages and income aims to replace the earnings that the victim would have received if not for the accident. This may include wages lost during the recovery period, as well as compensation for diminished earning capacity or disability that affects future income potential.
• Pain and Suffering: Pain and suffering damages seek to compensate victims for physical pain, emotional distress, mental anguish, and loss of enjoyment of life caused by the accident and resulting injuries. These damages are subjective and vary based on the severity and impact of the injuries on the victim’s life.
• Disability and Disfigurement: In cases where slip and fall injuries result in permanent disabilities or disfigurement, victims may be entitled to compensation for the long-term impact on their quality of life. Disability and disfigurement damages seek to compensate victims for the physical limitations, functional impairments, and psychological effects of their injuries. This can include compensation for future medical expenses, assistive devices, and home modifications needed to accommodate disabilities.

Frequently Asked Questions

• What should I do immediately after a slip and fall accident?
  • Seek medical attention for any injuries.
  • Report the accident to the property owner or manager.
  • Document the scene with photos and gather contact information from witnesses.
  • Consult with a slip and fall lawyer to understand your legal options.
• Who can be held liable for a slip and fall accident in Miami? Property owners, tenants, landlords, business owners, and even municipalities can potentially be held liable for slip and fall accidents if they failed to maintain safe premises or address hazards.
• How long do I have to file a slip and fall lawsuit in Miami? In Florida, the statute of limitations for filing a personal injury lawsuit, including slip and fall cases, is generally two years from the date of the accident with few exceptions. It’s crucial to consult with a lawyer promptly to ensure your claim is filed within the appropriate timeframe.
• Do I need evidence to support my slip and fall claim? Yes, evidence such as photos of the accident scene, witness statements, medical records, and documentation of expenses related to your injuries can strengthen your slip and fall claim and increase your chances of obtaining fair compensation.
• Will my slip and fall case go to trial? Many slip and fall cases are resolved through out-of-court settlements negotiated between your lawyer and the responsible parties. However, if a fair settlement cannot be reached, your case may proceed to trial, where a judge or jury will determine the outcome. Our attorneys have extensive trial experience and are prepared to take your case to court if necessary.
• Can I still pursue a slip and fall claim if I was partially at fault for the accident? Yes, Florida follows a comparative negligence system, which means you can still pursue compensation for your slip and fall injuries even if you were partially at fault. However, your compensation may be reduced based on your percentage of fault.
• How much does it cost to hire a slip and fall lawyer in Miami? At Flanagan & Bodenheimer, we work on a contingency fee basis, which means you don’t pay any upfront fees. We only collect a fee if we secure compensation for you through a settlement or court award.

Why Do You Need a Lawyer for a Slip & Fall Injury?

Slip and fall accidents are tricky legal processes to navigate without proper education and training. Proving liability requires detailed knowledge of Florida law, and the litigation process is complicated. Florida’s pure comparative negligence rule can also strip compensation from the victim, and the premises liability statute can prevent compensation altogether.

This entire process can be quite stressful for anyone, especially for those who are suffering from a severe injury. Hiring a legal professional who can take care of the case will lead to less stress for the victim, allowing him or her to focus on recovery. In addition, filing claims with insurance companies is difficult without legal representation. These companies can offer the victimless compensation than what he or she deserves. A Miami slip and fall attorney can identify if a victim is receiving fair compensation and assist with negotiations.

Why Choose Flanagan & Bodenheimer For Your Miami Slip and Fall Case

When you’ve been injured in a slip and fall accident, choosing the right legal representation can make all the difference in the outcome of your case. At Flanagan & Bodenheimer, we understand the challenges and complexities that come with pursuing a slip and fall accident claim.

• Exclusive Focus on Personal Injury: At Flanagan & Bodenheimer, personal injury law isn’t just a sideline—it’s our sole focus. By choosing a firm with a dedicated focus on personal injury, you can trust that your case is in the hands of seasoned professionals who understand the nuances of slip and fall litigation.
• Small Caseload: Unlike high-volume firms that prioritize quantity over quality, Flanagan & Bodenheimer deliberately maintains a small caseload to ensure that each client receives the attention and representation they deserve. By limiting the number of cases we take on, we’re able to devote more time and resources to thoroughly investigating each case, building a strong legal strategy, and advocating effectively on behalf of our clients. With us, you can rest assured that your case will never be lost in the shuffle or treated as an afterthought.
• Proven Track Record of Success: Flanagan & Bodenheimer has a proven track record of success in representing clients in slip and fall accident cases. Our attorneys have secured substantial verdicts and settlements for accident victims, helping them recover the compensation they need to rebuild their lives and move forward after a traumatic event. Click here to view some of our recent case results.

Free Consultation With a Miami Slip and Fall Attorney

Slip and fall accidents can have devastating consequences for victims and their families, often resulting in significant physical, emotional, and financial hardships. If you’ve been injured in a slip and fall accident in Miami, Florida, it’s important to understand your rights and seek legal guidance from experienced slip and fall attorneys. Our dedicated personal injury lawyers can help you navigate the legal process, pursue fair compensation for your damages, and hold negligent parties accountable for their actions. Don’t hesitate to reach out for a free consultation and take the first step towards justice and recovery.

While our main offices are located in Coral Gables, FL and Hollywood, FL, we offer our services to clients throughout all of Florida. This includes Homestead, Kendall, Hialeah, Aventura, Fort Lauderdale, West Palm Beach, Boca Raton, Orlando, Tampa, Jacksonville, and other areas.

Contact our offices at (305) 638-4143 to schedule your free consultation today.