If you were injured in a slip and fall accident in Miami, whether it happened in a business, a residential building, or a public space, you may have the right to seek compensation. However, determining who is legally responsible depends on where the fall occurred and how it happened.
Attorney Eric Rubenstein is a Miami personal injury lawyer who represents individuals in slip and fall cases throughout South Florida. This article outlines who may be held liable under Florida law and what victims should know before pursuing a claim.
1. Business Owners May Be Liable for Unsafe Conditions
Many slip and fall cases occur at businesses such as restaurants, grocery stores, shopping centers, or retail shops. These businesses are expected to maintain their premises in a reasonably safe condition. If a hazardous condition exists, such as a wet floor, uneven surface, or poor lighting, and the business knew or should have known about it, they may be held responsible.
To support a claim, the injured party may need to show that:
- A dangerous condition existed
- The business was aware of it or should have been aware of it
- Reasonable steps were not taken to fix it or to warn customers
- The hazard directly caused the injury
Photos, incident reports, and surveillance footage can help support this type of claim.
2. Property Owners or Landlords May Be Responsible for Residential Falls
Injury on residential property, such as an apartment complex or condominium, may lead to liability for the landlord or property manager. Common hazards include broken handrails, loose tiles, unlit stairwells, or cracked pavement.
Under Florida law, landlords have a legal obligation to maintain common areas in a safe condition. If the owner failed to fix a known problem, they may be responsible for resulting injuries.
3. Local Governments May Be Liable for Public Property Falls
Falls that happen on public sidewalks, inside government buildings, or at public parks may involve a claim against the city or county. These cases are handled differently from private property cases.
Government liability requires specific procedures, including:
- Filing written notice of the claim
- Following shorter timeframes to take legal action
- Meeting certain conditions before a lawsuit may be filed
Although it is possible to recover compensation from a government agency, these claims must follow strict legal guidelines.
4. What Must Be Proven in a Slip and Fall Accident in Miami
Florida law requires that the injured person demonstrate that:
- A hazardous condition existed
- The property owner knew or should have known about it
- Reasonable actions were not taken to address the danger
- The condition caused the person’s injury
Gathering supporting evidence such as medical records, photos from the scene, witness statements, or maintenance logs can help build a stronger case.
5. What If the Injured Person Was Partially at Fault
Florida uses a legal principle called comparative fault. This means that even if a person was partly responsible for the fall, they may still recover compensation. However, the amount of compensation may be reduced by the percentage of their own fault.
For example, if the injured person is found to be twenty percent at fault, and the total damages are one hundred thousand dollars, they may still recover eighty thousand dollars.
6. Why You May Want to Speak with a Slip and Fall Attorney
Slip and fall claims are often challenged by insurance companies. These companies may argue that the injuries are not serious or that the victim was careless. An experienced attorney can help protect your rights.
Attorney Eric Rubenstein can help:
- Investigate the incident
- Preserve critical evidence
- Communicate with insurance providers
- Pursue the full compensation you may be entitled to
If your injury involved a vehicle or roadway, you may also want to read our guide: Car Accident in Miami: What to Do Next According to Attorney Eric Rubenstein. It explains the immediate steps to take and how to protect your legal rights following a crash.
Schedule a Free Consultation with Attorney Eric Rubenstein
If you were injured in a slip and fall on someone else’s property in Miami, you may have legal options. Attorney Eric Rubenstein helps clients throughout South Florida understand their rights and pursue fair compensation for their injuries.
Call (877) 829-ERIC or visit ericrubenstein.com to schedule a free consultation. You do not pay unless there is a recovery.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to get advice specific to your situation.
