Slip and Fall Accidents: Who Is Liable for Your Injuries?

March 5, 2025

Slip and Fall Accidents: Who Is Liable for Your Injuries?

Slip and fall accidents can happen anywhere—a grocery store, restaurant, parking lot, or even a private home. When these accidents result in serious injuries, determining who is legally responsible is essential for obtaining compensation. At Roberts, Basnuevo & Macias, P.A., we assist the Miami-Dade community in navigating these complex liability claims.


Understanding Premises Liability



In Florida, property owners and managers have a legal duty to maintain safe conditions for visitors. If they fail to do so, they may be held responsible under premises liability laws. However, liability depends on several factors, including the status of the visitor and the property owner's knowledge of the hazard.


Who Can Be Held Liable?


Depending on where the accident occurs, different parties may be responsible:

  • Business Owners – Stores, malls, and restaurants must keep their premises free from hazards like wet floors, uneven surfaces, or poor lighting.
  • Landlords – Property owners can be liable if tenants or visitors are injured due to unsafe common areas.
  • Government Entities – If a slip and fall happens on public property (such as a sidewalk or park), the city or municipality may be responsible. However, claims against the government have strict filing deadlines.
  • Homeowners – Private property owners can be held liable if they fail to fix known hazards or warn visitors about dangerous conditions.


Proving Negligence in a Slip and Fall Case


To establish liability, an injured person must prove:


  1. A dangerous condition existed – Examples include wet floors, broken stairs, or poor lighting.
  2. The property owner knew or should have known about the hazard – Owners have a duty to fix hazards or warn visitors.
  3. The hazard caused the injury – Medical records and accident reports help establish this connection.


Comparative Negligence in Florida


Florida follows a comparative negligence rule, meaning that if the injured person is partially responsible for the accident, their compensation may be reduced. For example, if someone was texting while walking and slipped on a spill, the court may assign partial fault to them.


Why Legal Representation Matters


Slip and fall cases can be challenging, as insurance companies often try to deny or minimize claims. Having legal guidance ensures that evidence is gathered, liability is established, and compensation is pursued effectively. At Roberts, Basnuevo & Macias, P.A., we help Miami-Dade residents fight for fair compensation after a slip and fall accident.

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