Miami Personal Injury Lawyer News: Once again, Aigen Law Firm, P.A. recovers wins a substantial confidential damages award for its client before trial in highly contested premises liability (trip and fall) incident against a major corporation.
After shopping at one of her favorite department stores in Miami, our client exited the building, walked toward her car, then tripped after her sandal was caught on one of the cracked and uneven tiles of the storefront walkway. This fall led to serious injuries, including a fractured wrist, fractured nose, three rib fractures, as well as lacerations to her forehead and her chin. Department store employees immediately ran to the scene. Emergency services were called and our client was taken immediately to the emergency room where an orthopedic surgeon performed an open reduction internal fixation (ORIF) to repair our client’s wrist.
Our client, an elderly woman, had a long road to recovery from her injuries. After healing from her surgery in a cast, she then spent months in physical and occupational therapy in order to strengthen her wrist. The surgery was a success, yet our client is now left with limited mobility in her dominant wrist and hand for the rest of her life. Also, due to the extent of her injuries, her medical bills stacked up quickly and she needed help. That is when our law firm stepped in. We moved quickly to determine the responsible parties and held them accountable for our client’s injuries.
Recovering compensation in a trip and fall accident is no simple task. Our law firm immediately filed a lawsuit in Miami-Dade and began gathering all the evidence and documentation related to the dangerous walkway on the property. Our investigation revealed that the store had a history of this very same problem. In fact, we uncovered an internal store document drafted two years prior to the incident whereby management requested its facilities team to “repair cracks in the exterior tiles” as they were posing a “tripping hazard.” Next, we hired a buildings expert to conduct a survey of the property along with the tile that caused the accident. According to the expert, not only had the store known about the uneven flooring, they had also made haphazard repairs that failed to fix the problem. Furthermore, it was determined the floor on which our client tripped was in violation of the South Florida Building Code.
Under Florida law, landowners have a responsibility to maintain their property in a reasonably safe condition and to protect customers from dangerous conditions about which the landowners knows or should have known. If our client sustains injuries in a trip and fall accident due to a dangerous condition on the property, it is our burden to prove that the landowner knew about the condition and failed to correct it, or that the condition was present for so long that the landowner should have known about it. Here, based on the documents acquired in litigation, deposition testimony of store employees, along with our expert witness evaluation of the property, we accumulated a plethora of convincing evidence to hold the department store accountable for our client’s injuries. As a direct result, the department store was forced to settle this case and fairly compensate our client.
If you or someone you know may require an experienced Miami Personal Injury attorney for injuries related to an accident or a trip and fall, Aigen Law Firm, is here to assist you. Please do not hesitate to call our law firm directly at (305) 533-1600 or you can submit an online FREE CASE REVIEW. At Aigen Law Firm, an experienced lawyer is available 24 hours a day, seven days a week working relentlessly on behalf of victims who suffer from all types of accidents. We offer a free consultation for your personal injury case and there is no fee unless we recover for you.
We handle a variety of personal injury cases, so call us now if you have any questions.
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