Under Florida Statute §768.0755, a property owner must take precautions to keep any “transitory foreign substances” from resulting in another party’s injuries. After a period of rainfall, puddles can form on sidewalks and the roofs of businesses and homes can leak. A property owner is responsible for either remedying these hazards or notifying visitors of the condition.
If you were hurt in a slip and fall accident, per this statute, you may be able to hold a property owner liable for your injuries if:
- The dangerous condition existed for so long that somebody reasonably should have noticed and fixed it.
- The dangerous condition happened so frequently that somebody should have taken measures to remedy it.
At Chalik & Chalik Injury Lawyers, we represent people who have been injured in slip and fall accidents. Miami weather conditions such as rainfall lawyers can implement various legal measures on your behalf to help you recover compensation for your accident-related expenses. To begin a free case review, call (305) 944-2035.
Indoor Rain Hazards
Although it might not rain inside a building, rain can still pose a threat to visitors. For example, a leaking roof could wet the floor. People might track rain from outside or transfer moisture from their umbrellas.
Rainfall can cause several vulnerabilities indoors, especially on floors, stairs, escalators, and elevators.
You may have been injured by one of the following elements:
- Floors. Property owners should keep surfaces free of moisture, debris, and other materials that can cause slip and fall accidents. Wet surfaces increase the risk of accidents, particularly in businesses that serve drinks and food, such as restaurants.
- Stairs.Wet stairs can be extremely dangerous to those who use them. Falling down a flight of stairs, as well as tripping forward while ascending, can cause serious injuries. This hazard can be amplified if a property owner fails to maintain handrails or post warning signs about a particular hazard.
- Escalators and elevators. Property owners should always keep these devices in proper working condition and free of any moisture or debris.
You can trust your Miami weather conditions such as rainfall lawyer to investigate the details of your case and determine what factors influence your chances of financial recovery. If you were injured indoors, your lawyer can use surveillance footage, witness testimony, and other forms of evidence to assign fault and liability. To learn more about what this entails, call Chalik & Chalik Injury Lawyers today.
Outdoor Rain Hazards
Florida sees an average of about 54 inches of rainfall a year, according to the National Oceanic and Atmospheric Administration (NOAA). With this information in mind, after it has rained, property owners should be vigilant about certain hazards that could form on the premises. Even if the danger is temporary and will likely go away on its own, if it results in someone’s injuries, it makes no difference in the eyes of the law.
Some of the contributing factors to your outdoor slip and fall accident could include:
- Potholes. After it rains, puddles can form inside potholes, obscuring depth. If this factor caused your accident, your Miami weather conditions such as rainfall lawyer may be able to hold a government municipality liable, if they were responsible for the pathway where you were injured.
- Slick sidewalks. If you slipped and fell on a slick sidewalk, again, you may be able to hold a government department liable. If an area becomes slippery when wet, there should be signs alerting people to that potential danger.
- Entrance to a building. Let’s say that while you were entering a store, you slipped and fell in the entrance of the building. Your lawyer could argue that the property owner should have laid down carpeting or mats to prevent people from falling, and therefore, they should be responsible for your damages.
You may have been injured by a factor that we have not included here. If so, the team at Chalik & Chalik Injury Lawyers wants to hear about it. Give us a call today at (305) 944-2035.
Proving Negligence in a Slip and Fall Accident
Liability for your slip and fall accident will rest on where you were injured. For example, if you were injured while visiting a chain grocery store, you may be able to hold the corporation liable for your damages. However, if you were injured while visiting a friend’s house, they could be held responsible for your losses in the event that you slipped and fell on their property. Your Miami weather conditions such as rainfall lawyer will need to prove four elements in your claim.
- Duty of care. For the sake of explanation, let’s say that you slipped and fell while entering a store owned by a large corporation. All property owners and businesses, no matter how big or small, have obligations to keep visitors to their enterprise safe.
- Breach of duty of care. After slipping and falling in the entrance of the store, your lawyer could argue that by failing to put up a wet floor sign or keep the floors dry, the negligent party breached their duty of care.
- Causation. This element is fairly straightforward. Your lawyer must prove that because another party failed to act in the best interests of its visitors, you suffered an accident that injured you.
- Damages. Your medical bills, invoices, billing statements, and receipts will be used to show that because you slipped and fell, you have incurred economic losses.
Without listening to your story and learning about your situation, we cannot know who is responsible for your losses. Yet, you do not need to go through the process of filing a claim or lawsuit on your own. There is help available.
Reach Out to Chalik & Chalik Injury Lawyers Today
At Chalik & Chalik Injury Lawyers, we comprehend the severity of slip and fall accidents, so we handle each case with care. Our goal is to help you recover the cost of your accident-related expenses from the party responsible for your losses.
We can do this by:
- Managing all the paperwork that goes into filing a claim or lawsuit
- Notifying the involved parties of your accident and legal intentions
- Negotiating for a settlement that reflects your situation
- Collecting evidence that supports your account of events
- Estimating the cost of your accident-related damages
- Preparing your case for court, if necessary
To get started with a free case review, call Chalik & Chalik Injury Lawyers today at (305) 944-2035.