Slip and Fall Accidents
When you go to a restaurant or to a store you are unwittingly placing your safety in the hands of the owner of the property. You probably have never met this person but their negligence in maintaining their place of business can lead to serious injuries.
Slipping and falling at the market may be the last thing you would worry about when you go out. It turns out, according to the National Safety Council, the number one most preventable injury in the United States was from falls.
Lawyer for Slip and Fall Accidents in Miami-Dade County
If you are one of the millions of Floridians who has suffered from a slip and fall accident, know that you don’t have to try to recover on your own. Abrams Justice Trial Attorneys are compassionate and experienced personal injury attorneys that will do whatever they can to help you get back on your feet when an accident happens.
Abrams Justice Trial Attorneys proudly serve clients in the greater Miami-Dade area including Miami, Homestead, Hialeah, Pinecrest, Miami Gardens, Miami Beach, North Miami, Doral, Coral Gables and Cutler Bay and are ready to take your call at (305) 709-0880 to evaluate and discuss your case.
Florida Slip and Fall Information Center
- Slip and Fall Facts
- Common Injuries from Slip and Falls
- Establishing Liability in Slip and Fall Cases
- Additional Resources
Slip and Fall Facts
It comes as a surprise to most people that not only are slip and fall accidents the most prevalent preventable injury in the country but falls are also the third most preventable fatal accident type following only motor accidents and opioid related poisonings. That is, according to the National Safety Council, 35,000 deaths occur from preventable falls every year, with an additional 1 million slip and falls requiring emergency room visits.
People over the age of 65 are also in much more danger of falls. The Florida Department of Health reports that unintentional falls are the leading cause of injury death for residents in this age group. The National Floor Safety Institute reports that for people over the age of 65, one in every three will suffer a fall this year.
Injuries from slip and falls are not only a concern because of the injuries they cause but also because those injuries can lead to significant time out of work. In fact, 22% of slip and fall incidents resulted in more than 31 days out of work. Furthermore, slip and falls are the primary cause of lost days from work. According to the US Bureau of Labor Statistics, compensation and medical costs from slip and fall accidents cost the country $70 billion annually.
Most Common Injuries from Slip and Falls
Slip and fall injuries are no trifling matter either. They can be debilitating and excruciatingly painful, requiring serious procedures to repair. The Florida Department of Health released a report with a ranking of the most common unintentional fall injuries:
Non- Fatal Injuries
- 32% – Hip Fractures
- 14% – Lower Extremity Fracture
- 14% – Traumatic Brain Injury
- 13% – Upper Extremity Fracture
- 9% – Spine/Back Fracture
- 7% – Torso Fracture
- 3% – Superficial Contusion
- 9% – Other
- 61% – Traumatic Brain Injury
- 25% – Hip Fracture
- 7% – Other Lower Extremity Fracture
- 5% – Neck/Vertebral Column Fracture
- 2% – Torso fracture
Of particular note is the prevalence of hip fractures. Hip fractures were not only the most common type of non-fatal injury but also accounted for a quarter of all fatal injuries in the state of Florida. Needless to say, hip fractures are a very serious injury. Treatment for hip repairs often involves major surgery and lengthy rehabilitation.
Generally there are three types of hip fracture repairs:
- Repair using screws – Screws are inserted into the bone or attached with a metal plate to hold the bone together and allow it to heal.
- Partial hip replacement – This procedure usually involves a surgeon sawing off the top of the femur bone and replacing it with a metal head that fits into a cup installed in the hip socket.
- Total hip replacement – This procedure is the most extensive and requires the surgeon sawing off the top of the femur, drilling down into the femur, inserting a metal stem into the femur, and then placing a metal or plastic head on top of the stem which will fit into a cup installed in the hip socket.
Establishing Liability in Slip and Fall Cases
The law regarding liability for slip and falls in Florida was changed in 2012 to make it more difficult for victims to recover against business establishments. The statute, 768.0755, is copied below:
(1) If a person slips and falls on a transitory foreign substance in a business establishment, 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. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.
(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
Before the law changed in 2012 victims only had to prove that they fell and were injured on the premises of a business. Now, the law requires that the property owner had actual or constructive knowledge of the dangerous condition. Essentially, an injured party must show that the owner either knew that there was a dangerous condition that could lead to a slip and fall or that the owner should have known that there was a dangerous condition because that condition had existed for a long enough that it ordinarily should have been found and fixed or the condition occurred regularly enough that it would have been known.
Florida Slip and Fall Resources
Florida Unintentional Fall Facts – This resource from the Florida Department of Health has a wealth of data on fall injuries for the state. The information provided includes breakdowns for falls based on gender, race, and types of falls.
National Floor Safety Institute – The link here is a list of facts that were compiled by the National Floor Safety institute. The facts listed are for the United States at large.
Florida Statutes – Premises liability for transitory foreign substances in a business establishment – This links to the specific Florida law regarding slip and falls. It also has links to all of the Florida statutes.
Find a Slip and Fall Attorney in Florida
In the past it was much easier to win a slip and fall case in Florida. The law has changed and now there are additional hurdles that have to be cleared if a person injured in a slip and fall wants to win a case against a negligent property owner. Abrams Justice Trial Attorneys has extensive trial experience and will do what they can to get you compensation for your injury. Abrams Justice Trial Attorneys will fight tooth and nail to make negligent parties pay to get you back on your feet.
We represent injured people in communities throughout the Miami area including North Miami, Miami Beach, Miami Gardens, Doral, Homestead, Cutler Bay, Hialeah, Coral Gables and Pinecrest and have staff standing by to discuss and evaluate your case if you call this number (305) 709-0880.