Proving Negligence in Miami Slip and Fall Cases: Expert Tips from Experienced Attorneys
Becoming the most often occurring of every other personal injury cases is what slip and fall cases have become popularly known as in and around Miami. Wet floors in stores or uneven walkways on sidewalks should be the instances where clients sustain serious injuries, from broken bones and head trauma to spinal cord damage. It is always imperative to prove negligence in Miami se-slip-and-fall cases to achieve any payment in favor of the injured client.
Our experienced slip and fall lawyers at KG&D Law Offices are adept at proving negligence for their clients in Miami for slip and fall cases. Herein lies a good manifestation of negligence in the Miami slip and fall cases that serve as grounds for substantial compensation.
What is Negligence in a Slip and Fall Case?
It refers to the absence of reasonable care of a property owner in rendering the property fairly safe for any other persons. For slip and fall cases in Miami, four elements need to be established: negligence of the owner and a direct cause of your accident:
- Duty: The owner is obliged to keep the premises safe for visitors.
- Breach of Duty: The owner has not provided a safe area, such as broken stairs or a spill.
- Cause: The incident must be directly related to the breach.
- Damages: It must have caused physical injury, loss in money, or damages.
Key Steps for Proving Negligence in Miami Slip and Fall Cases
Document the Accident Scene Immediately
The first critical step in a slip and fall is to document the accident scene. Photograph the accident area clearly and stamp them with the date. If there was an existence of hazardous conditions like wet floors or broken pavements, photograph the hazard. These photographs represent robust evidence of the negligence of the owner of the property.
Make sure to photograph:
- The exact location where you fell.
- Hazards such as spills or uneven surfaces.
- Any poor lighting conditions.
- Any visible injuries you sustained.
This documentation proves the property was unsafe and led directly to your accident.
Report the Accident to the Property Owner or Manager
In case of an accident, the individual must report it instantly to the property owner or manager. In turn, this incident should be reported. Such a report may include time, date, and even the nature of the hazard that resulted in the accident.
If they deny filing the report, their act can be presented as an attempt to hide the dangerous situation. As one of the leading slip-and-fall law firms in Miami, our lawyers know how to use these circumstances to your advantage.
Get Witness Statements to Strengthen Your Case
If there are witnesses to the accident, their testimony might be the only thing that really helps prove negligence. They can attest to the existence of the hazard and its being neglected in time by the owner of the property. Request them to take written statements or testimonies for your case.
Gather Medical Records and Reports
For example, after falling and slipping, one should look for immediate medical attention. Though you may be fine, certain injuries are not observable at that time. A medical record is used to establish injuries, the treatment provided to the patient, and the after effects of injuries on the person’s health.
These are relevant documents to claim damages, specifically medical expenses and wage loss.
Investigate the Property’s History of Similar Incidents
The more slip-and-fall incidents previously reported involving the same circumstances of slipping might give more grounds for your argument. For example, several records of slipping injuries at a certain shop because its floor was slippery can imply that the owner already knew about such risk and took no action regarding it.
Our Miami slip and fall attorneys will investigate property history to provide evidence of a history of other incidents that favor your case.
Usual Suits in Miami Slip and Fall Instances
Most commonly, property owner and their insurance companies will raise one or the following defense methods:
- Contributory Negligence: The property owner might provide an argument that you are at fault for accident whereby you were not careful nor reckless.
- No Notice: The property owner might argue that they were unaware of the danger and that it is a temporary issue.
- Assumption of Risk: The defendant may argue that you assumed the risk of injury by dangerous behavior such as walking through a construction zone. This is a very rare position or argument.
Our slip-and-fall attorneys in Miami know how to fight this kind of defense and can provide a legal response.
Miami Slip and Fall Attorneys
Negligence is hard to prove in a slip-and-fall lawsuit, especially where property owners and their insurance companies can be tough guns. But the experience and expertise of Miami slip-and-fall lawyers at KG&D allow them to navigate the fine prints of this complex system. We will fight tooth and nail for you to gather all the evidence, bringing in expert witnesses if necessary, and make a case that will demonstrate that negligence indeed existed to the degree that will support a finding in determining liability.
So if you have slipped and fallen and have become physically injured in doing so, do seek the services of the Law Offices of Kirshner, Groff & Diaz for a free consultation. Our Miami slip-and-fall attorneys will assure that you receive what you deserve.
Conclusion
Affirming that there is negligence in a slip or fall case in Miami is so difficult, but with the evidence collected and a well-versed lawyer, a good ruling may come out. You may prove the case stronger and convincible for successful trials by obtaining witnesses’ statements, documenting the scene, and consulting with an experienced attorney.
Call KG&D now if you are injured in a slip-and-falls accident. Our Miami slip-and-falls lawyers are ready to stand up to demand your rights and compensation that you deserve.
