Premises liability lawsuits are typically thought of as “slip and fall” cases. Falling on a wet floor in a supermarket is an experience with which many people in Miami are familiar. However, injuries could occur for a wide variety of reasons, in a wide range of properties. People are hurt in Miami in supermarkets, apartment buildings, public spaces, and at their friend’s and neighbor’s homes. No matter where you suffered your injury, there are some important things you should know and do. Read more from Miami premises liability attorney Prosper Shaked.
What is Premises Liability in Miami?
Premises Liability lawsuits encompass a large variety of personal injury cases. If your injury is the result of a dangerous or hazardous condition on someone else’s property, whether it is a business or a home, you could file a premises liability lawsuit to seek compensation for any damages you sustained. Depending on what occurred, you could file your case against the property owner, a renter, or both.
Dangerous Conditions on Miami Properties that Make Property Owners Liable
Property owners and homeowners are responsible for any hazardous conditions that they know exist on their property. They are also responsible for dangerous conditions of which they should have known. If they fail to fix the problem or provide their guests and visitors an adequate warning of the danger, they could be held accountable for any injuries. Dangerous conditions are as varied as the types of injuries they cause. Everything from a broken staircase to an unstable wall can lead to an injury. Often, a dangerous condition could be hidden, existing because an owner failed to maintain and repair their property regularly. Even if your injury appeared to be an accident, you should contact our Miami personal injury attorney to make sure a hidden defect didn’t exist.
What to do If You Are Injured on a Miami Property
If you are ever injured, the first thing you should do is seek medical attention for your broken bones, head trauma, or other injury. The type of medical care will depend on the severity of your injury. This could mean you need to get an ambulance directly to a hospital, have a friend take you to an emergency room, or see your doctor later that day or the following. No matter how minor you might think your injury is, it is crucial to see a doctor. Often, the seriousness of an injury is not apparent at first, especially if you suffered neck or back damage. Additionally, if there is a significant gap between the incident that caused your injury and the time you received medical treatment, you decrease your chances of prevailing in a personal injury lawsuit.
You should also gather evidence from the scene of the accident. This includes getting the names and contact information of anyone who saw you get hurt. Make sure they give you their phone numbers and email addresses. Eyewitness testimony regarding a dangerous condition is compelling evidence.
If you have a cellphone, you should take photographs of the area, including the lighting and condition of the floors. Pictures of the hazardous condition are helpful when preparing a lawsuit. They could also help witnesses recall what happened, especially if it takes months to get your case to trial.
In addition to the photographs, you should take notes of everything you can remember as quickly as possible before your memory fades. You should record things that do not necessarily show in a photo, such as the time of day and what people were doing. Anything that could help prove you did not contribute to your injury should be noted.
If you were injured in a place of business, such as in a slip and fall accident in a grocery store, complete an accident or incident report with the manager. Most larger businesses, including supermarkets and chain box stores, require incident reports to be completed when a customer is injured. Do not leave the store without a copy of your report. In some cases, you should have a police report made.
Things Not to Do if You Were Injured on Someone’s Property in Miami
It is just as important to avoid doing certain things that could jeopardize your potential lawsuit. First, do not make any statements that would imply fault on your part. This could be as innocent as saying, “I wasn’t paying attention.” Also, do not mention your injury or any previous medical condition. A statement such as “I feel fine” could be used as a defense against liability.
Do not talk with an insurance company before consulting with our Miami attorney. Under no circumstances, sign any documents from the insurance provider. The last thing you want to do is sign away your right to sue. Insurance adjusters want you to believe they have your best interests in mind. Remember, you do not have to sign any documents or consent to a settlement agreement. If the insurance company sends you a check and you deposit it, that could be considered accepting the settlement offer. Our office has years of experience in dealing with insurance companies. We also understand that receiving the highest amount of compensation could require taking your case to court.
Call Our Miami Premises Liability Attorney for a Free Consultation
Any injury could result in costly medical bills and limit your ability to work. Co-pays and deductibles add up, especially if your income is reduced. When the negligence of a property owner causes the injury, you should not be financially responsible for all the costs involved. Prosper Shaked is a personal injury attorney dedicated to helping injured people seek the compensation they deserve. Call Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676 to set up a free appointment and review the facts of your case.