Protecting Your Rights After a Premise Liability Injury
Picture this: You are browsing the aisles at a local Miami market or walking through a hotel lobby, minding your own business. Out of nowhere, your foot catches on a wet surface or hidden unevenness. In a split second, you hit the ground.
What seems like a momentary embarrassment can quickly turn into a life-altering event. In Miami, slip and fall accidents are unfortunately common, but they are often preventable. When property owners fail to maintain safety, the physical, emotional, and financial burdens fall unfairly on the victim.
At The Law Offices of Jose M. Francisco, we understand that a fall is rarely “just an accident.” Often, it is a result of negligence. We provide the aggressive, experienced legal representation you need to navigate Florida’s complex premises liability laws.
Understanding Premises Liability in Florida
To win a slip and fall case in Miami, it is not enough to simply show that you fell. You must prove negligence.
Under Florida law, specifically regarding transitory foreign substances (Florida Statute § 768.0755), the injured person must prove that the business establishment had “actual or constructive knowledge” of the dangerous condition and should have taken action to remedy it.
We help you prove negligence by establishing:
- Duty of Care: The property owner owed you a duty to keep the premises safe.
- Breach of Duty: The owner knew (or should have known) about the hazard—such as a spill, loose railing, or uneven sidewalk—and failed to fix it or warn you.
- Causation: This specific breach of duty directly caused your fall.
- Damages: You suffered verifiable injuries and financial loss as a result.
Note on Constructive Knowledge: Even if an employee didn’t see the spill, we can often prove liability if we can show the hazard existed long enough that they should have discovered it using ordinary care.
Common Causes of Slip and Fall Accidents in Miami
Our legal team has deep experience investigating accidents across various Miami venues, from high-end hotels and shopping malls to grocery stores and private apartment complexes. We frequently handle cases involving:
- Wet or Slippery Floors: Unmarked spills, freshly mopped floors, or tracked-in rain.
- Uneven Surfaces: Cracked sidewalks, torn carpeting, or uneven transitions between flooring types.
- Poor Lighting: Inadequate lighting in stairwells, parking lots, or hallways that conceals tripping hazards.
- Code Violations: Handrails that are missing or do not meet Miami-Dade building codes.
- Obstructed Walkways: Debris, merchandise, or equipment left in aisles.
Maximizing Your Recovery: What You Are Entitled To
A slip and fall can result in severe injuries ranging from hip fractures and torn ligaments to Traumatic Brain Injuries (TBI). The financial impact can be devastating.
The Law Offices of Jose M. Francisco fights to ensure you are compensated for the full scope of your damages, including:
- Economic Damages: Past and future medical bills, physical therapy costs, and lost wages due to time off work.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
Why Choose The Law Offices of Jose M. Francisco?
- Local Miami Expertise
We know the local courts, the defense tactics used by insurance companies, and the specific building codes in Miami-Dade County.
- No Recovery, No Fee
We operate on a contingency fee basis. This means we advance the costs of your litigation, and you do not pay us attorney fees unless we recover compensation for you.
- Aggressive Investigation
Evidence disappears quickly. Surveillance video is overwritten, and spills are cleaned up. Our team moves fast to preserve crucial evidence, interview witnesses, and document the scene.
Frequently Asked Questions (FAQ)
How long do I have to file a lawsuit in Florida?
Recent changes to Florida law have significantly impacted the Statute of Limitations. Generally, you now have two years from the date of the accident to file a negligence lawsuit (previously four years). Do not wait, contacting an attorney immediately is vital to protecting your rights.
What if I was partially at fault for my fall?
Florida follows a system of modified comparative negligence. You can still recover damages even if you were partially at fault, as long as you were not more than 50% responsible. However, your compensation will be reduced by your percentage of fault.
What should I do immediately after a fall?
- Seek Medical Attention: Your health is priority #1. This also creates a medical record linking the injury to the event.
- Report the Accident: Notify the manager or owner immediately and ask for a written report.
- Gather Evidence: Take photos of the hazard (spill, hole, etc.) and your injuries. Get names and numbers of witnesses.
- Do Not Sign Anything: Do not sign insurance waivers or accept quick settlements without speaking to a lawyer.
Don’t Let a Slip and Fall Control Your Future
The aftermath of an injury is overwhelming, but you do not have to face it alone. Let us handle the legal heavy lifting while you focus on healing.
Contact The Law Offices of Jose M. Francisco today for a free, no-obligation consultation. Let us fight for the justice and compensation you deserve.
About the Author: Jose M. Francisco
Jose M. Francisco is a veteran Miami injury attorney and the founder of The Law Offices of Jose M. Francisco, P.A. A member of the Florida Bar since 1991, Mr. Francisco has dedicated over three decades to protecting the rights of accident victims in Miami and throughout South Florida.
A graduate of Nova Southeastern University (Shepard Broad College of Law), Mr. Francisco combines aggressive legal representation with deep local roots—he has been a Miami resident since 1974. His firm specializes in personal injury, premises liability, and workers’ compensation cases, having successfully recovered millions of dollars for clients who have suffered due to the negligence of others. He is known for his “hands-on” approach and willingness to take on the difficult cases when insurance companies refuse to offer fair settlements.
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