Losing your footing can be a deceptively dangerous experience, especially if you land awkwardly or hit something solid. Thousands of people across the state sustain broken bones, spine trauma, brain injuries, and other harm from sudden falls each year. Many of these injuries could have been avoided entirely if the owner of the property where the injury occurred had taken reasonable care of their land or premises.
Establishing fault for this kind of injury can require substantial evidence and legal knowledge from an experienced personal injury attorney at Redondo Law. If you were hurt because a landowner did not ensure safe conditions for you as a lawful visitor, a Miramar slip and fall lawyer could help you seek appropriate financial restitution.
Seeking compensation for Miramar slip and fall injuries
Any injury resulting from a trip and fall that requires professional medical attention could be grounds for filing a claim or lawsuit if it results from another party’s negligence. In the context of claims where someone fell, “negligence” entails a property owner not meeting the duty of care owed to a lawful visitor by failing to address any known dangers.
If a person who fell can show through evidence that someone’s lack of action or negligence was the primary cause of their losses, they can demand compensation. Successful plaintiffs may recover economic damages for objective financial losses like lost income, medical bills, and personal property damage. An injured person may also recover non-economic damages for subjective losses like pain and suffering, emotional anguish, and the loss of enjoyment of life.
How does comparative fault impact compensation after someone’s fall?
Another element of Florida law that could hinder recovery efforts after an accident where someone fell is called comparative fault. According to Fla. Stat. § 768.81, any person who slipped and fell and is partially responsible for their losses will see a court reduce their final award reduced by the percentage of total blame the jury assigns them. For example, if someone was wearing inappropriate footwear, distracted by their phone, or failed to seek prompt medical attention afterwards, a court may consider them to be partly responsible.
Since the state follows a “pure comparative fault” system, plaintiffs may recover for their damages even if they bear some – or even the majority of – the fault for their injuries. Allegations of comparative fault can substantially reduce restitution, however, which is why working with a seasoned trip and fall attorney in Miramar could be essential.
Florida’s transitory foreign substances act
Fla. Stat. § 768.0755 states that a person who slips on a “transitory foreign substance” inside of a business must prove that the owner had knowledge of the dangerous condition and should have remedied it. This can mean that the hazard existed for a length of time that the owner should have known about it, or that the condition regularly occurred and was foreseeable.
Cases involving slip and falls at places like grocery stores or shopping malls can be particularly challenging in that plaintiffs must prove the owner’s actual or constructive knowledge of the hazard prior to a fall. This is why having an experienced attorney in Miramar on your side is so important.
Get in touch with a Miramar slip and fall attorney now
Slipping or tripping over a hazard on another person’s property could serve as a cause of civil action to redress your injuries. However, as noted above, it is often more difficult than expected to prove fault for this kind of incident during settlement negotiations or court litigation, especially without securing qualified legal representation.
A Miramar slip and fall lawyer could provide the custom-tailored guidance you need to effectively protect your rights. Schedule your initial consultation at Redondo Law today.