Damages Available in Slip and Fall Cases
When a person slips and falls, it can leave more than just a bump or bruise, especially for an elderly victim. These accidents can result in broken bones, head injuries, and other significant harm that requires time to heal, as well as high costs for treatment. If a slip and fall accident occurs on another’s property where conditions have not been maintained in a reasonably safe manner, the owner of that property can be held liable for the damages a victim incurs. Miami premises liability attorney Robert Dixon helps victims who are injured on someone else’s property pursue the financial compensation they may be entitled to from those responsible for their harm. Robert Dixon and his staff offer knowledgeable and experienced legal representation for residents across South Florida, including in Broward, Miami-Dade, and Palm Beach Counties. If you have questions regarding your legal rights and options following a fall you believe was caused by negligence, contact the Law Offices of Robert Dixon to schedule a free consultation and find out more about how we can help.Proving Liability in Slip and Fall Cases
To recover damages that may be available in a slip and fall case, an injured plaintiff must show that the property owner, or operator, was negligent under Florida law. Often, these accidents happen when a person is visiting a store, supermarket, or other establishment where they are viewed as an “invitee” and are there to engage in a business activity. Invitees, as opposed to social guests or trespassers, are owed the highest degree of care from property owners. Business owners are required to keep areas that are open to customers free from dangerous conditions; these areas include the store itself as well as parking lots, stairwells, and the like.
A property owner is liable for injuries in a slip and fall case if reasonable measures were not taken in order to keep the property safe, and the owner knew, or should have known, that a dangerous condition was present. Actual knowledge of a hazard is direct knowledge of an unsafe condition. However, constructive knowledge requires that a plaintiff show that if reasonable inspections or protocol was followed, the owner should have discovered the unsafe condition and taken measures to fix it or warn of its existence. Injuries must also be shown to have been caused, or proximately caused, by the unsafe condition. However, plaintiffs are to be “taken as found.” Therefore, even if a fall re-aggravates a pre-existing condition, the negligent defendant is liable for the damages associated with the new injury. Legally, exceptionally fragile victims are known as “eggshell plaintiffs.” A knowledgeable slip and fall attorney can review the facts surrounding your accident to determine whether you may be able to fulfill the elements of a premises liability claim.Damages Available in Slip and Fall Cases
When liability is established, a plaintiff can be awarded damages in a slip and fall case. Economic damages are those that are financially verifiable. These amounts can include medical expenses such as costs for visits to the doctor, surgery, any medication prescribed, and the costs of any necessary physical or occupational therapy. Both past and future medical costs can be included in economic damages. Compensation for time missed from work, or an injury’s effect on a victim’s ability to do his or her job, is also included. Non-economic damages refer to those that are not calculated as easily but must still be assigned a value, usually based on expert opinions. These damages include amounts for emotional suffering, and the mental impact an injury has on a victim.Slip and Fall Attorneys Serving Miami
For victims of slip and fall accidents, the first priority should be making sure injuries are properly treated. Premises liability lawyer Robert Dixon seeks to ensure that those who have caused such injuries are held legally accountable for the financial impact those injuries have on victims. If you or a loved one has been injured in a fall on someone one else’s property and would like to learn more about how we can help, please contact the Law Offices of Robert Dixon at (877) 499-4878 or online and set up a free consultation regarding your potential claims. We serve clients in areas including Fort Lauderdale, Miami, and West Palm Beach.