Miami Florida (2015) – In warm and sunny Miami, Florida, there are many slip and fall accidents, possibly more than the national average. This may be due to the large elderly population in South Florida, particularly in Miami. According to the Centers for Disease Control and Prevention (“CDC”), each year, millions of adults aged 65 and older fall. In an area heavily populated by seniors like Miami, Florida is, it is difficult to prevent many of these accidents, as seniors have slower reflexes and often poorer eyesight. People also need to know what can be done if someone does have a slip and fall through no fault of their own.
What Can You Do if the Slip and Fall Possibly Occurs Due to Someone Else’s Negligence?
First of all, contact an attorney like Jonah Wolfson with the Wolfson Law Firm LLP that has experience with slips and falls in order to try and determine negligence. As per NOLO, an owner or occupant of property cannot always be held responsible for picking up or cleaning every slippery substance on a floor immediately. A property owner is also not responsible if someone slips or trips on something that an ordinary person would see and avoid or would expect to be there. Everyone has an obligation to be alert to where we’re walking. So, it’s a matter of deciding how much responsibility for the accident lies with the injured party and how much lies with the property owner. If someone slips and falls, it is not “automatically” the fault of the property owner, and this is why a knowledgeable plaintiff’s attorney is absolutely essential for a slip and fall victim.
However, many cases involving slips and falls that occur on the premises of public establishments often are the liability of the property owner, so nobody should automatically blame it on themselves. It is best to speak with an experienced attorney after a slip and fall accident before making any decision whether or not to pursue it legally.
The Florida Building Codes, as per the Florida Department of Business & Professional Regulation includes regulations which require that surfaces meet a minimum threshold for what is called the “co-efficient of friction” and have adequate “slip resistance.” These regulations are in effect so that all surfaces (under both wet and dry conditions) are safe in order to prevent accidents from occurring. However, some property builders, owners, and managers skimp on many safety features when they can get away with it to save money.
As an example, here is a summary of a case where the plaintiff prevailed due to a violation of this portion of the South Florida Building Code:
A real life example of the legal ramifications of Coefficient of Friction standards is the Florida Supreme Court Case of Morowitz v. Vistaview Apartments, Ltd., et al., 613 So. 2d 493 (3 Dist. 1993). In this case, Geraldine Morowitz slipped and fell on a tile floor outside the Vistaview Apartments shortly after it had rained, sustaining a fractured hip. The tile floor was located near an open air atrium in a common area of an apartment complex. At trial, Morowitz requested a negligence per se jury instruction patterned on the South Florida Building Code. The Building Code provided certain minimum standards of slip resistance based on UBC and ASTM standards. Morowitz claimed that the apartment complex violated the building code. On appeal, the court found in favor of Morowitz ruling she was entitled to the negligence per se instruction.
As per NOLO, in order to be held responsible, an owner (or employee) must have caused the dangerous item or surface to be underfoot; must have known about the hazardous condition and done nothing about it, or should have known about the hazardous condition because an ordinary person would have seen the danger and would have taken steps to ensure that the dangerous condition is remedied as soon as possible. If this could be the reason for your slip and fall accident, either fully or partially, the best action to take would be to consult with a local personal injury attorney like http://wolfsonlawfirm.com.
https://usattorneys.com/wp-content/uploads/sites/2/2020/01/logo.svg 0 0 Luis https://usattorneys.com/wp-content/uploads/sites/2/2020/01/logo.svg Luis2015-07-27 20:09:442020-04-18 22:35:32Slip and Fall Accidents (Miami, Florida)