Miami slip and fall attorney

If you were hurt in a fall at a store, restaurant, apartment, or parking lot in Miami, the Law Offices of Jose M. Francisco can help you build the claim while evidence still exists. We speak Spanish. Call 305-649-5060.

Property owners and insurers often argue that you should have seen the hazard, or that they had no time to fix it. Florida law sets a clear burden in many business fall cases. We gather the proof before video and cleaning logs disappear.

What to do right after a fall

Report the fall to the manager or owner before you leave, if you can. Take photos of the floor, the lighting, your shoes, and any warning signs or missing signs. Get names of witnesses. Seek medical care the same day when possible.

Do not guess on camera about what happened. Stick to what you know. Save the clothes and shoes you wore. Then call us so we can send a preservation letter for video and incident records.

What Florida law requires you to prove

For many falls in a business, the injured person must show the business knew or should have known about the dangerous condition. That is actual notice or constructive notice.

Actual notice means someone at the business knew about the problem. Constructive notice means the hazard was there long enough that staff should have found it with reasonable care. A spill left for an hour, a recurring leak, or a torn mat that staff walked past can support that proof. A wet spot that appeared seconds before you fell is harder. Photos, video, and cleaning logs decide many of these cases.

Where falls happen

We handle falls in places like these:

• Grocery stores and retail floors
• Restaurants and bars
• Apartment and condo common areas
• Hotels and lobbies
• Parking lots and walkways

Each setting has different evidence. A store may have sweep logs. An apartment may have prior complaints about the same stair or lighting problem. We ask for the records that fit the place.

Evidence that disappears fast

Surveillance video is often overwritten in days. Cleaning logs get “lost.” Incident reports stay in a drawer. That is why early action matters. We request preservation of video, maintenance records, prior incident reports, and the names of employees on duty.

Shared fault and deadlines

Florida uses modified comparative negligence. If you are found more than 50% at fault, you may recover nothing. Insurers argue you were distracted, wore the wrong shoes, or ignored a warning. We push back with scene photos, lighting facts, and witness statements.

Many negligence lawsuits now face a two year filing deadline. Waiting also means losing video. Call early.

Common injuries

Falls cause wrist and shoulder fractures, knee damage, back and neck injuries, and head trauma. For a broader overview of injury patterns, read common injuries from slip and fall accidents.

If the fall happened at work, you may also have a workers’ compensation path. Start with work accidents, or call us and we will sort both tracks.

How we prove the property should have known

We start with your photos and timeline. Then we ask for surveillance, sweep logs, inspection records, prior incident reports, and the names of staff on duty. If the business stalls, we follow up in writing and, when needed, with formal discovery after a suit is filed.

Weather, lighting, floor material, and footwear arguments come up in almost every insurer letter. We answer those with scene facts, not guesses. A glossy floor with no mat at a rainy entrance is different from a drink that spilled behind you one second earlier. The details decide notice.

Apartment and condo cases often need a different paper trail: prior tenant complaints, work orders, management contracts, and who controlled the stairs, walkway, or parking area. We sort that early so the wrong entity is not the only name on the claim.

What recovery can include

Depending on the facts, a premises claim may seek medical bills, future care, lost wages, and pain and the limits the injury put on daily life. Policy limits and the strength of notice proof affect value. We do not promise numbers. We do tell you what is strong, what is missing, and what the insurer is likely to attack.

If you already spoke with the property manager, write down what you said and what they said. Those early conversations show up later. The sooner we step in, the less room there is for a rewritten story.

Stores, restaurants, and chain locations

Large chains often have written inspection policies. Those policies can help or hurt, depending on whether staff followed them. We ask for the policy and the logs that show whether anyone checked the aisle. A policy that exists only in a binder, with blank logs, is still useful proof.

Smaller local businesses may have less paperwork and more witness driven facts. Either way, the core question stays the same: did they know, or should they have known, before you fell.

FAQ

Do I still have a case if there was a wet floor sign?

Maybe. A sign does not automatically end the claim. We look at where it was placed, whether it was visible, how long the hazard existed, and whether the area was still unreasonably dangerous.

What if I fell at an apartment or condo?

Those cases often turn on prior complaints, maintenance duties, lighting, and who controlled the area. Lease documents and prior repair requests matter.

Should I give a recorded statement to the property insurer?

Not before you understand the claim. Recorded statements are used to shift blame. Call us first.

How long do I have to file?

Many Florida negligence cases now have a two year deadline. Evidence can disappear much sooner. Do not wait.

Talk to us

If you were hurt in a Miami slip and fall, call the Law Offices of Jose M. Francisco at 305-649-5060.