Most people believe that if you slip and fall on someone’s property, the owner of the property must pay. However, it is a bit more complicated than that, and a Miami slip and fall law firm can fully explain.
It is true that a negligent property owner who has a dangerous area on his property that is not secured is responsible for damages. But, in Florida, it must be proven that the property owner or his manager knew about the dangerous situation and did nothing to correct it, thus leading to someone being injured.
As an example, perhaps during a strong Florida rain, the soil washed away and caused a walkway to crack. If a person was walking on the walkway and they fell over the crack, the courts would not hold the property owner responsible. The owner could not have known that the walkway had cracked while the storm was active. If it was a month later, and the crack was still open, and it caused someone to slip and fall, the property owner or his manager had time to know and should have taken steps to secure the area until the walk could be repaired.
You Need An Attorney
Before we begin, let us make this clear. Florida is a difficult state to handle when it comes to these types of accidents. This is not a battle you want to face alone. Please hire an experienced slip and fall lawyer and let them guide you through the system.
What Should You Be Compensated For?
If you are able to get the courts to rule in your favor, there are a number of things that you are entitled to. These include, (but are not limited to) the following:
- Medical bills
- Payment for devices needed for recovery
- Expenses for nursing or household duties that you needed while you are off your feet
- Medication
- Pain and suffering
- Loss of salary while you are laid up
- Loss of future salaries that you anticipate losing (including if you have to change jobs due to your injuries)
- Repairs or loss of personal property
- Emotional duress
Punitive Damages
Punitive damages are a punishment. It is money paid to victims because the action or inaction of a property owner was so outrageous, that the court wanted to give them a financial slap on the hand.
Your attorney will prepare for this in the event that it is sought. Punitive damages in a slip and fall case are rare, but not impossible.
What Do You Do?
- When you have had an accident, the first thing you need is to seek medical care. Next, you need to take photos at the site.
- Getting pictures at the time, showing the situation at the moment of the accident is very important. If you are unable to take pictures, ask someone else to use your cell and take them.
- Get the names and contact information of any witnesses.
- Do not make any comments about the accident to anyone at the scene
- Do not give a statement in person or on the phone to their insurance company.
- Get in touch with your attorney