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Negligent Security Seminar | March 2015

Florida personal injury lawyers

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    BEFORE HIRING A MIAMI SLIP AND FALL ACCIDENT ATTORNEY KNOW THIS

    When we slip and fall, it’s natural to feel embarrassed. We instinctively think we are clumsy, or we don’t want to be the focus of that kind of attention. Surely we are only bruised (mostly our ego)!

    The reality can be very different. What happens when that slip causes a fall that results in serious injuries? Sometimes those injuries are not obvious at the time of the fall. Sometimes they are serious enough that medical attention is required. And, sadly, sometimes those falls cause catastrophic injury or death.

    What do I need to know if I have fallen?

    The first thing is that you should be evaluated by a competent medical professional. If you have hit your head, see a neurologist. This is especially true if you have lost consciousness for even a moment, or have any symptoms of a closed head injury or traumatic brain injury (sometimes called a concussion). 

    If you have soreness in your neck or back, see an orthopedic surgeon or neurologist.  Many times injuries do not show up right away. The body has amazing protective mechanisms and chemicals that allow us to deal with pain, injuries and illness for short periods of time.  But eventually injuries require attention.

    If you have fallen because of a substance on then ground, or tripped over something, you should engage the services of a qualified trial lawyer who specializes in slip and fall injuries.

    You should also take photos at the scene where the fall occurred, since conditions can change (and the people who may be responsible for the fall may get rid of the incriminating evidence).

    In Florida, if you slip and fall on a transitory substance (something that should not be on the ground that caused you to slip), it is the burden of the injured person to prove that the substance was there and that it existed for a long enough period of time for the owner or operator of the property to know about it. 

    It’s called “constructive notice” where the substance was on the ground for a sufficient time that the people in charge of the premises should have learned of its presence.  They are considered to have knowledge of the dangerous condition after a certain amount of time.

    How much time is necessary? There is no hard and fast rule about how long a hazardous condition exists before it becomes constructive notice. There are certain things that might lead a court or jury to conclude that it was there a sufficient amount of time. 

    For example, there are cases in grocery stores where the evidence was that the banana that the customer slipped on had grocery cart tracks in it at the time and was already turning brown, indicating that the banana had been on the ground for some time.

    The need for proving constructive notice is unnecessary if the property owner was the cause of the substance.  An example is if there is a leak from a pipe that is draining water onto a walkway that the owner knew or should have known was leaking. 

    Or if the owner’s employees spilled something while they were restocking shelves. These are just a few examples of where the victim does not need to prove constructive notice.

    Someone who controls a property (owner or occupier) has a duty to maintain the premises in a reasonably safe condition and to warn people of concealed hazards. 

    That means if a property owner knows of a danger but doe not warn or repair the danger, they may be liable for any injuries caused by it.  A good example is a hole in the floor that might not be easily seen, or something sticking out that someone might trip on. 

    Keep in mind that there are standards for most situations and building codes that generally apply to properties. 

    If the property violates a code or standard that may be evidence of negligence.  But you will only know that if you find a qualified trial lawyer who can evaluate your case.

    Slip and fall attorney

    A lawyer who has experience handling and trying slip and fall and trip and fall cases (often known as “premises liability”) will also assess the comparative negligence of the case.

    What is “comparative negligence”?  That’s where a jury decides how much fault the person injured contributed to the fall. In many cases juries will allocate a certain percentage of fault on the person who tripped, based upon evidence that the condition may have been obvious if they had been paying attention.

    Or the substance might have been seen before someone slipped.  Or any number of other variations. The bottom line is that in Florida the person injured may have contributed to the fall and might therefore be “comparatively negligent.” The court then “compares” the negligence of the injured person to the negligence of the person or business (one or more) at fault in the case. It must all add up to 100%.

    “What can I recover if it is found that I was hurt in a slip and fall or trip and fall?” This is a question we are asked often. Under the law, if you prove that there was negligence, you may be entitled to your past and future medical expenses and lost income, as well as your pain and suffering, any disability, disfigurement, mental anguish and loss of the capacity to enjoy life in the past and the future. 

    If your injury is permanent, the jury can hear what your anticipated life expectancy may be based on the statistics on length of life in the United States.  

    Premises liability cases are often complicated.  What seems so simple and clear will most of the time end up being very complex and technical. There are scientific and engineering issues (terms like “coefficient of friction” are very important).

    Other issues that come up in many slip and fall cases include human factors, ergonomics, building codes, life safety codes, warnings, and conspicuity. 

    Then there are medical experts who may be required, depending on the type and severity of the injuries. When there is a head injury or concussion, we must always evaluate to see whether there is a traumatic brain injury – even a mild one – because of the long-term effects of such injuries.

    Things to know before hiring a Miami slip and fall attorney

    Before hiring a Miami slip and fall accident attorney, you will want to know these basic things:

    • whether the attorney has handled cases like yours in the past. Have they actually tried slip and falls cases? Were they successful?
    • Do they refer their cases out to other law firms (many do that) or are they handling the case themselves?
    • Is the attorney board certified as a civil trial specialist? Most personal injury lawyers are not board certified. Many never even try cases.

    You also want to know about the law firm’s reputation in the legal and professional community. When a case is begun, the insurance company involved (and most of the time there is an insurance company on the other side) will assess the case with particular emphasis on who the lawyer is that is bringing the case. 

    They want to know if this is someone with the skill, firepower and reputation to try the case, where they are at risk of a large verdict.

    In Florida there is a two year statute of limitations (deadline) for bringing a lawsuit for slip and fall cases. That time runs quickly so you should not delay in contacting an attorney to help you.

    What should I do immediately after a slip and fall accident?

    If you slip and fall, don’t brush it off. Even minor falls can hide serious injuries that manifest later. First, seek evaluation from a competent medical professional—see a neurologist if your head or spine hit the ground, or an orthopedic specialist for neck/back soreness. Then, photograph the scene before conditions change or evidence is cleared. Prompt medical care and documentation not only safeguard your health but also protect your right to legal recourse if the fall resulted from negligence like a slippery surface or hazard that the property owner should have addressed.

    Who is responsible for dangerous conditions that cause slip and fall accidents?

    In Florida, owners or occupiers of property must maintain a reasonably safe environment and warn visitors of concealed hazards. If a spill, hole, or obstruction exists and the owner knew or should have known, they may be liable. Proving “constructive notice”—that a hazard existed long enough—can involve evidence like discolored food on the floor or cart tracks through a spill. In contrast, if the owner created the hazard—like a leaky pipe or employee spill—they already have knowledge, so notice doesn’t need to be proven. Building code violations can also demonstrate negligence.

    What is constructive notice and why does it matter in slip and fall cases?

    Constructive notice means the dangerous condition existed long enough that a property owner or manager should have discovered and remedied it. In Florida slip and fall cases involving transitory substances—like a spilled drink—you must show it was present for enough time to be noticed. Courts look at clues like discoloration or cart tracks through a liquid. However, if the hazard was caused directly by the owner or employees—such as a leaking pipe or staff spill—constructive notice is not necessary since the landlord or business already had actual notice of the danger.

    Can I still bring a slip and fall case if I was partly at fault?

    Yes. Florida follows a “comparative negligence” system, where fault can be divided between parties. A jury may assign a percentage of blame to you—like if you were texting or not paying attention. That percentage is deducted from any award. For example, if you suffered $100,000 in damages and found 20% at fault by the jury, you would recover $80,000. It’s crucial that your slip‑and‑fall attorney understands and can argue against fault assigned by the defense to ensure you don’t lose a significant portion of your compensation.

    What damages can I recover in a Florida slip and fall lawsuit?

    If you prove negligence in a slip and fall case, you may recover past and future medical expenses, lost income, and compensation for pain and suffering. Damages may also include disability, disfigurement, mental anguish, and loss of enjoyment of life, both present and future. For permanent injuries, a jury may consider life expectancy and quality of life in awarding compensation. Because these cases involve technical issues like building codes and friction coefficients, a skilled trial lawyer helps demonstrate the extent of harm and justify your full damages.

    How technical are slip and fall cases and why do I need a specialized lawyer?

    Slip and fall (premises liability) cases involve complex scientific and legal issues. You may need experts in engineering, human ergonomics, building codes, and life safety. Evidence can include coefficient of friction tests and building code violations. Medical professionals—such as neurologists for head injuries—play a crucial role, especially when traumatic brain injury is possible. Hiring a board‑certified civil trial lawyer with experience handling and trying these intricate cases is essential. They know how to evaluate hazards, work with technical experts, and present a compelling case to a jury.

    What should I ask before hiring a Miami slip and fall attorney?

    Before hiring a slip and fall attorney, ask whether they personally handle premises liability cases and how many they have tried. Inquire if they are board‑certified as a civil trial specialist—most aren’t. Find out about their reputation, as insurance companies assess cases based on the lawyer’s skill and trial experience. Also clarify whether your case may be referred to another firm. Lastly, remember Florida law gives you only two years to file a lawsuit after a fall, so prompt evaluation with the right experienced Miami attorney is critical to protect your rights.

    Article by:

    John Leighton

    A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite

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