We receive many inquiries about trip/slip and fall accidents in the Miami area. Being Miami slip and fall attorney we would like to provide information about these types of accidents. First, we would have to differentiate between these types of accident. A trip and fall occurs when a person trips over an object on a premises and injury results. For example, this could involve tripping on an uneven carpet or other type of surface. Tripping could also occur as a result of faulty illumination.
As Miami accident attorneys we have encountered many Slip and Fall cases. These case occurs when an individual slips due to a slippery substance on the floor. Liability on slip and fall matters usually depends on the substance that caused the fall and the amount of time that substance was on the surface. It may be relevant whether the slippery surface occurs due to a recurring event. For example, a leaky faucet or other plumbing issue may result in an area that this continually slippery.
It is important to record the incident when it occurs. This can be done by calling a manager and/or emergency services if needed. This helps document that the incident actually took place. If possible find it wise to look around to find the source of the trip/slip and fall. Take pictures of the area and the causing factor if possible
Florida Statute 768.055 which is titled, Premises liability for transitory foreign substances in a business establishment, basically states, “ [i]f a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” This statute clearly puts the burden on the injured party to demonstrate that the establishment knew of the dangerous condition or should have been aware due to certain conditions. The statue itself in subsection (a) relays that “constructive knowledge may be proven by circumstantial evidence” if the condition was present for an extended period of time. A dangerous condition can also be proven if it existed as a result of a recurring event and therefore could have been foreseen.
Besides being able to locate the source of the fall, it is important to be able to determine how long that causing factor has existed. For example, multiple footprints or tracks on a water puddle, would then be evidence that the liquid had been there for a while. According to Florida case law it is important to be able to determine the cause of the fall and also how long the causing factor was present, see Delgado vs. Laundromax Inc., 65 So.3d 1087 (2011).
As Miami slip and fall attorneys we have seen many of these type of cases occur, at retail stores, restaurants, supermarkets, hotel, theme parks, shopping malls, and many other types of premises. When a slip/trip and fall type accident occurs, it is important to stop and access the situation. Primarily, make sure that if an injury occurred, then to take care not to worsen or exacerbate an injury. Again, find and take note of what caused the fall in the first place. Of course, there is the possibility that one may not be in the state of mind to make this observations. If one has a relative or friend nearby, then it would be wise to seek their assistance to take photographs and document the event.
Of course, there is much more we can note on the subject. We will write more note on this in the future. Meanwhile, The DRG Firm is here to help. Please do not hesitate to consult with a Fort Lauderdale trip and fall lawyer. We can be reached at 1.888.413.8353.