Miami Slip and Fall Lawyer

Stores, restaurants, hotels, apartment complexes, and condo associations must keep their property reasonably safe. When a spill, broken tile, uneven sidewalk, or poor lighting causes a serious fall, you may have a claim. Miami slip and fall lawyer Tomas Robirosa helps injured people in Miami-Dade, Broward, and Palm Beach counties hold negligent property owners accountable. Se habla español.

What to Do After a Slip and Fall in Florida

After a slip and fall, your health comes first. Get medical care, then protect the evidence, because hazards are often cleaned up or repaired quickly.

1. Report the fall to the manager or owner and ask for a copy of the incident report.
2. Photograph the exact spot, the substance or defect, warning signs (or the lack of them), and the lighting.
3. Get names and phone numbers of witnesses and employees.
4. Keep your shoes and clothing.
5. Ask for surveillance video to be preserved. Many systems record over footage within days.
6. Do not give a recorded statement to the property owner's insurer before speaking with a lawyer.

Slip and fall vs. trip and fall

Slip and fall cases usually involve wet floors, spilled liquids, grease, or slick surfaces. Trip and fall cases usually involve uneven sidewalks, broken tiles, loose mats or carpet, cords, potholes in parking lots, and unmarked steps or changes in floor height. We handle both.

Common places falls happen in South Florida

Grocery stores and supermarkets, retail stores, restaurants, hotels and resorts, pool decks, parking lots and garages, apartment and condominium common areas, and office buildings.

Common Slip and Fall Injuries

• Hip fracturesFalls are a common cause of hip fractures, especially for older adults.
• Wrist and arm fracturesPeople often break a fall with their hands.
• Head injuriesStriking the floor can cause concussions and brain injuries.
• Back and knee injuriesTwisting falls can injure the spine, knees, and ankles.

Proving a Slip and Fall Claim in Florida

Not every fall creates a claim. The key question is usually whether the property owner knew, or should have known, about the dangerous condition and failed to fix it or warn about it.

Falls in businesses

For slip and falls on a transitory foreign substance in a business establishment, Florida law requires proof that the business had actual or constructive knowledge of the dangerous condition. Constructive knowledge can be shown with evidence that the condition existed long enough that the business should have discovered it through ordinary care, or that the condition occurred regularly and was therefore foreseeable.

Evidence that can make the difference

• Surveillance video
• Inspection and cleaning logs
• Incident reports and prior complaints
• Witness statements
• Photos of the hazard and your injuries
• Medical records linking your injuries to the fall

Deadlines and shared fault

• Deadlinegenerally two years for most negligence claims arising after March 24, 2023. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
• Modified comparative negligenceif you are found more than 50% at fault you cannot recover; at 50% or less, your recovery is reduced by your share of fault.

Related: premises liability, negligent security, personal injury. Request a free case review.

A slip and fall accident can cause serious harm. Common injuries include broken wrists and hips, knee and shoulder injuries, back and neck injuries, and head injuries. Like other personal injury cases, a slip and fall claim can seek medical expenses, lost wages and pain and suffering, so keep your medical bills, photos of the hazard and the names of any witnesses. A personal injury attorney can explain your legal options and the legal process, including how Florida law treats personal injury claims against stores and other businesses. If you are looking for a slip and fall attorney, start with a free consultation.

How We Handle Your Case

• Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
• Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
• Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
• Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.

Slip and Fall Cases in Palm Beach County

We also represent people hurt in falls in Broward and Palm Beach counties. See our Boca Raton slip and fall lawyer and Sunrise slip and fall lawyer pages for how these claims work locally, including the courts and hospitals that serve the area.

Frequently Asked Questions