It's that time of the year again when stores and restaurants are packed
with people searching for those elusive perfect presents and holiday treats.
Some establishments may see as much as a
50 percent increase in foot traffic. When you take your family out to eat, to go shopping at the mall, or
even just to get routine supplies at the grocery store, you aren't
looking for hazardous conditions that could cause you to
slip and fall or trip and fall. Yet seemingly small things such as uneven sidewalks,
poor lighting, crowded aisles, missing handrails, and slippery floors
can all result in extensive injuries.
COMMON CAUSES OF
SLIP & FALLS
- Wet or Uneven Surfaces
- Poorly Designed Stairs or Premises that Don’t Meet Safety Regulations.
- Parking Lot Potholes.
- Cluttered Floors.
- Malfunctions & Poorly Engineered Moving Walkways.
- Broken/Missing Handrails.
- Inadequate / Absent Lighting.
Who Is Liable?
It is the legal duty of businesses to provide a safe location for customers
and visitors so that slipping and tripping is not likely to happen. In
order for a business to be held responsible for an injury, it must be
shown (1) that the injury was caused by a dangerous condition that the
injured person should not have anticipated under the circumstances and
(2) that the business knew or should have known the dangerous condition existed.
Included under the broader legal category of
premises liability claims, slip-and-fall cases can involve complex insurance issues, especially
if the property owner is a business with
multiple insurance policies.
Trip-and-fall claims can also be made more complicated
when multiple parties share liability for the premises. This can include absentee property owners, hired property
management companies, cleaning companies, lessees, business owners and
even condo owners associations.
How Our Attorneys Help
Here at Stabinski & Funt, P.A., we know how to navigate insurance issues
and we have secured
numerous settlements and verdicts against property owners in a variety of negligence claims, including:
- A woman who slipped and fell on a wet floor at a South Beach restaurant
and suffered a severe wrist fracture ($560,800)
- A restaurant patron who tripped and fell in a diner parking lot ($385,000)
- A client who fell on stairs at a park due to a defect and inadequate lighting
- A pedestrian who tripped and fell on cables that were being used to light
a Christmas tree in a plaza ($120,798).
Staying Safe While Out & About
An unexpected fall caused by tripping over something left in a store aisle
or by having one foot slip out from underneath you can result in back
injuries, head injuries, broken bones, and other injuries with long-term
consequences. While you are out enjoying the holiday season, we urge you
to watch your step and remind you that we are here to discuss any accidents
that might arise - even those you think were your fault. Better safe than sorry.
If you have any questions about this topic, feel free to contact our Miami
premises liability attorneys by calling 305-643-3100 or by
filling out a free case evaluation form.
The information about past verdicts and settlements is based on the unique
facts of each case. Every case is different, and future cases may not
achieve the same or similar results. These amounts reflect the gross recovery
(before attorneys’ fees and expenses are deducted).