Miami Trip Accident Lawyer
Anyone, regardless of age and ability, can suffer serious injuries in a trip and fall accident. Whether you tripped and fell at a big box store, grocery store, or at a neighbor’s home, the property owner may be liable for damages. As part of our investigation, the Miami trip accident lawyer at Spencer Morgan Law pours through on-scene evidence, contact witnesses and property owners, review surveillance footage if it exists, and document our clients’ medical records. Once we have determined that you have a valid case to pursue, we stop at nothing to ensure that you are compensated fairly by the at-fault party’s insurance company, because it was not your fault that another’s negligence led to your injuries, and you should not be stuck with the bill.
Four Key Elements in a Successful Trip and Fall Accident Claim
There is no easy trip and fall case. All personal injury claims are complex, and require months of negotiation, and potentially many more months of litigation. This is because no insurance company—the party from whom a plaintiff would eventually receive compensatory funds—is willing to give up money without a fight. As such, it is absolutely necessary to prove the following elements if your trip and fall claim is to be a success:
- A hazard existed on the premises
- The property owner had real or constructive knowledge of the hazard (constructive knowledge means that they should have known about the hazard)
- The property owner had a reasonable length of time to address the hazard, such as mopping up a spill, yet failed to do so, and the hazard was allowed to continue on existing
- You tripped because of the hazard, and sustained injuries as a result
Examples of Tripping Hazards
A trip and fall hazard can be as small as some spilled produce in a grocery store, to as large as an uncovered municipal utility box in the middle of a sidewalk.
- Ripped carpeting
- Ripped or upturned rugs/mats
- Damaged flooring
- Worn out walking surface
- Poor walking surface due to wear and tear
- Damaged or defective escalator
- Damaged steps or stairs
- No handrail or insufficient handrail
- Poor lighting inside or outside
- Ramp or stairs were not to code
- Merchandise stored inappropriately
- Uneven or unlevel surfaces
- Extension cords, garden hoses, irrigation hoses, etc.
Contact a Miami Trip Accident Attorney
Trip and fall claims generally take at least six months, and usually a year or longer, to be settled. For one thing, we want to ensure that your medical recovery is as well known and understood as possible. This can only be accomplished with time (no one truly knows how a fractured ankle will heal just a few weeks after it is broken). We urge you to seek legal assistance before discussing your trip and fall case with the property owner, manager, or at-fault party, because anything you tell them could negatively affect your case. Call the Miami trip accident lawyer at Spencer Morgan Law today at 305-423-3800 to schedule a free consultation.