For most people, a slip and fall is just an embarrassing moment. But for older adults in Miami, it can be life-changing, or even deadly.
Slip and fall injuries are a leading cause of hospitalization in Miami. In 2022, falls accounted for 54.5% of the 15,087 injury hospitalizations Miami-Dade County recorded that year.
For seniors over 65, the risks are even higher. According to the Florida Department of Health (FDOH), unintentional falls are the number one cause of all fatal and non-fatal injuries for older adults, with over 3,800 deaths in 2021.
If you fall on someone else’s property, which includes commercial businesses, the owner may be responsible for your damages. Read on to learn how a Miami slip and fall lawyer can help you hold them accountable and recover the compensation you need for your medical expenses and other losses.
Common Slip and Fall Injuries
Slip and fall accidents can happen almost anywhere: inside grocery stores, apartment complexes, restaurants, or office buildings. Most are caused by everyday hazards like wet floors, uneven surfaces, loose carpeting, poorly lit areas, or broken staircases.
No matter what caused the fall, the injuries can be serious and sometimes life-altering. Common injuries include:
Fractures and Broken Bones
The most common fracture locations are the wrists, ankles, arms, and hips, as fall victims often instinctively throw out their hands or arms to shield themselves.
Hip fractures are especially dangerous for older individuals due to bones weakening with age (osteoporosis). They need longer recovery times, are more likely to need lengthy surgeries, and can result in a loss of independence and mobility.
Head and Neck Injuries
Backward falls, falls in cluttered environments, and falls experienced by older adults unable to brace themselves can cause severe head and neck trauma. Depending on the accident’s circumstances, the risk ranges from relatively milder concussions to more debilitating traumatic brain injuries (TBIs).
Even the most severe head injuries, however, don’t always show obvious signs. Headaches, dizziness, irritability, and slurred speech are signs of a TBI that can be mistaken for shock or stress.
Back and Spinal Cord Injuries
Slipping and landing on the back can be dangerous, with injuries ranging from muscle strains to spinal cord injuries (SCIs) and herniated disks. The risk of a serious injury rises when falling on objects with hard edges.
Severe back and spinal injuries may require extensive surgeries or even leave permanent and debilitating damage, including chronic weakness, pain, or paralysis.
Soft Tissue Injuries
Many falls leave injuries that cannot be seen or detected right away, such as bruised muscles, torn tendons, and sprained ligaments. Even without visible signs, soft tissue injuries can be painful and cause long-term discomfort, limited movement, and a reduced quality of life.
If not treated quickly and correctly, these injuries can linger, worsen over time, and even scar soft tissue, creating chronic mobility issues.
Who’s Responsible for a Slip and Fall Accident?
Property owners have a legal duty to keep their premises safe for visitors. Under the principle of reasonable care, businesses and property owners must fix or warn about hazards that could cause harm.
If you slip and fall while visiting a store, restaurant, or other property, the owner may be held legally responsible for your injuries. But to build a strong claim, you’ll need to prove four key elements:
- Duty of Care: You need to show that the property owner had a duty to keep you safe. For instance, if you were shopping or visiting a business, you’re considered an invitee, meaning the owner was legally responsible for keeping the area free of hazards for you.
- Breach of Duty: You’ll also need to show that the property owner didn’t do their part to keep you safe. For example, if you slipped on a wet floor and there was no warning sign or timely cleanup attempt, that could be a failure to meet their responsibility.
- Causation: You must connect the property owner’s failure to your fall. You have to show that the accident wouldn’t have happened if they had taken reasonable steps to prevent it, and that your own actions weren’t the main cause of the fall.
- Damages: You must prove you suffered real harm by showing evidence of your injuries. Examples may include medical bills, prescriptions, surgeries, evidence of lost wages, and journals documenting your pain.
How a Miami Slip and Fall Lawyer Can Help
Slip and fall victims are often unfairly blamed for their own injuries, which can make it harder for them to get the compensation they deserve.
An experienced Miami premises liability lawyer has the resources, compassion, and tenacity to fight back against these biases and hold irresponsible property owners accountable. They can assist with:
- Investigating Your Accident: Your lawyer can help you obtain evidence of the accident, from photos of the scene to witness statements and surveillance footage. They can review the facts and determine if your slip and fall claim is viable.
- Calculate Your Case’s Worth: Lawyers specializing in premises liability can help determine the monetary value of the damages and pain you experienced. They’ll work to secure compensation that reflects the true cost of your recovery, including medical bills, rehab, and lost income.
- Negotiating With Insurers: An experienced lawyer can help you contact the building owner’s insurance company on your behalf. They’ll explain how to avoid giving statements that could reduce your payout or undermine your claim, negotiate for the maximum compensation, and avoid lowball offers.
- Prepare for Litigation: If the negotiations break down or the business owner won’t back down, a knowledgeable lawyer can take the case to court. They are prepared to represent your interests in front of a judge to maximize the chances of receiving a fair settlement or a favorable court decision.
Contact the Miami Premises Liability Lawyers at Aigen Injury Law
Our attorneys have recovered multiple million-dollar premises liability settlements, including a $1.2 million case where the property owner refused to offer compensation until two weeks before trial.
We’re ready to help you get your life back on track after a fall. Call us today for a free, confidential consultation; we’re available 24/7.