If you have been injured due to a hazardous condition on someone else’s property, it is often referred to as a “slip and fall” or “trip and fall” accident, even if you did not literally slip and fall. If your accident was caused by the negligence of the property owner, you may be entitled to compensation for your medical expenses and any other costs associated with the accident. Though there is an expectation that visitors will exercise ordinary care and caution while on the premises, the onus is on the property owner to ensure that the property is well-maintained and free of needless hazards.
This type of case is a specific area of personal injury law called premises liability, and it requires the plaintiff to be able to concretely prove that the property owner is at fault. While slip and fall cases can be difficult to prove, you absolutely should take legal action if a property owner’s negligence caused you to suffer a serious injury, such as:
Your best chance at success in this type of case is to work with an experienced personal injury attorney who has handled this kind of case before. If you have suffered injuries in a slip and fall accident anywhere in or around Miami, Fort Lauderdale, or the South Florida area, contact the law firm of Andrew Winston.
As personal injury attorneys at the law firm of Andrew Winston, we know that slip and fall or trip and fall accidents can occur in a number of different places. We have listed some of the most common sites of these accidents below.
Hotels. No one should have to deal with a slip and fall accident on their vacation or business trip, but unfortunately, everything from torn carpeting to loose stair rails can cause a premises liability accident at a hotel. If you are injured in a hotel while visiting Florida, contact Andrew Winston as soon as possible.
Casinos. Florida’s glittering casinos are top attractions in our state, but all the effort that goes into maintaining these casinos also means that there are a lot of moving parts to these buildings, and a lot of different ways people can be injured in or around them. A server might spill a drink and fail to clean it up before someone slips on it, a change in floor levels might not be clearly visible, or a cable could be left out in an area with a lot of foot traffic. Whatever your case, you deserve compensation for a casino’s negligence.
Rented Homes. Landlords have a duty to maintain their properties and take all reasonable steps to prevent their tenants from being injured in an accident. If a landlord knows, or could reasonably be expected to know, that there is a hazard on their property but fails to repair it in a reasonable amount of time, they may be found liable.
Of course, a premises liability case may arise in many other public and private establishments, including:
No matter where you were injured, you deserve to be compensated if your injuries were caused by a property owner’s failure to maintain their premises. Andrew Winston can help you seek the remunerations and justice you need.
It is easy to see how a property owner could fall victim to unscrupulous parties who might intentionally stage or incur an injury in order to file a fraudulent claim, so the injured party in a genuine slip and fall case must demonstrate that they were, indeed, injured and that the incident was due to an unsafe condition that the property owner could have and should have prevented.
A plaintiff must also prove that the property owner was aware of the condition (or that the condition existed long enough that they should have known about it) and knowingly failed to provide sufficient warning or to make appropriate, timely repairs.
Because slip and fall cases can be difficult to prove, having a lawyer who has proven success with premises liability cases is a must for anyone with a legitimate claim. The attorneys at the Law Firm of Winston have years of experience in successfully handling the complexities of slip and fall cases and excel at negotiating with the property owner and their insurance provider on your behalf—not for the benefit of the insurance provider.
We are also skilled trial lawyers, and while we will try to negotiate a fair settlement when possible, we are also prepared to go to court if we truly believe that is in your best interest. With a history of obtaining multi-million dollar claims for our clients, Andrew Winston is a formidable presence in premises liability cases.
Florida has a four-year statute of limitations for personal injury claims, which simply means that you must file a claim within four years of the date of your accident. While this might seem like a long time, it is in your best interest to contact a premises liability attorney as soon as possible so that they can start building your case. You do not want to wait longer than necessary to recover the compensation that you need, especially if you have unpaid medical bills or are losing income because your injuries have prevented you from going to work.
Our legal team at the Law Office of Andrew Winston is ready to help you get your life back on track. Contact us today, and we will schedule a free initial consultation to go over your case. If we believe that you should file a claim, we will work assiduously to recover the damages you deserve.