Adriana P. Santiesteban, Esq.
An Experienced & Top Rated Personal Injury Attorney in Miami
A True Local Miami Lawyer, Advocating for Your Rights with Over 15 Years of Dedication and Expertise
Current Treasurer and Past President of COLBAR
Member of The Florida Bar since 2008
Adjunct Professor at St. Thomas University
Miami Trip and Fall Accident Lawyer
While “slip and fall” accidents often garner more attention, “trip and fall” accidents are equally prevalent and just as likely to result in serious injuries. The key difference is that a trip and fall typically involves an object or irregularity on the ground—like a torn carpet, raised sidewalk, or uneven flooring—that causes a person to catch their foot and lose balance.
In Florida, trip and fall accidents can occur in almost any environment, from busy shopping malls and parking lots to office hallways and apartment complexes. Victims might sustain similar injuries as slip and fall cases, including broken bones, head trauma, or debilitating back injuries. The legal principles for pursuing compensation under premises liability law overlap significantly with slip and fall claims, but the underlying hazards and defenses can differ.
Injured in a trip and fall accident? As top rated Miami Injury Lawyers we are here to help. Contact our legal team for a free case evaluation.
Don’t let medical bills and lost wages pile up. An attorney for personal injury can provide guidance on your next steps and advocate for the compensation you deserve.
Trip & Fall Laws in Florida can be complex. Right representation by a personal injury attorney ensure your voice is heard, and gets you the maximum compensation.
What Causes Trip and Fall Accidents?
Trip and fall accidents usually arise when the walking surface is uneven or obstructed. Common causes include:
- Uneven Flooring
- Warped hardwood floors, cracked tiles, or worn-down thresholds.
- Subtle height differences between rooms or areas without proper signage.
- Loose Carpets or Rugs
- Curling edges, ripped sections, or unsecured rugs that slide easily.
- In businesses, frayed or bunched-up carpeting in high-traffic areas.
- Sidewalk Defects and Parking Lot Hazards
- Cracked concrete, potholes, or tree root upheavals.
- Drainage grates that are uneven or missing covers.
- Clutter or Debris
- Boxes, cords, or trash in walkways.
- Construction materials left out without warning signs.
- Poor Lighting
- Even a small rise in the floor can be dangerous if it’s not well-lit.
- Dim or burnt-out lights in stairways and corridors.
Given Florida’s tropical climate, natural wear and tear can be accelerated by heat, rain, and humidity, making prompt maintenance even more critical.
Injuries Associated with Trip and Fall Incidents
Trip and fall accidents can be quite severe:
Fractures and Dislocations
The sudden forward motion can result in fractured wrists, hands, or elbows as you attempt to break your fall, as well as hip and knee injuries if you land hard.
Spine and Back Injuries
Jarring impacts can misalign the spine or cause disc herniations.
Head Trauma
Falling forward may lead to striking the forehead or temple on the ground, risking concussions or more severe TBIs.
Facial Injuries
Tripping often propels the face toward the ground, risking broken noses, chipped teeth, or lacerations.
Soft Tissue Damage
Strained muscles or torn ligaments (e.g., in the shoulder or knee) are frequent outcomes.
Just like slip and falls, trip and fall injuries may seem minor initially but can lead to escalating complications if the initial trauma goes unchecked. Consult a personal injury attorney about your case as soon as possible.
Legal Foundations for Trip and Fall Claims
Trip and fall accidents fall under the broader umbrella of premises liability, which in Florida is guided by core negligence principles:
Duty of Care
Property owners and occupiers must maintain a reasonably safe environment, particularly for invitees (e.g., store customers) and licensees (social guests). This duty involves regular inspections and timely repairs to address hazards.
Breach of Duty
Failing to fix known problems like cracked flooring or cluttered walkways can constitute a breach. Additionally, ignoring industry standards, local building codes, or prior complaints about the same issue may bolster your case.
Comparative Negligence
Florida’s modified comparative negligence system also applies to trip and fall accidents. If the property owner can prove you were careless—like running through a dimly lit hallway or texting while walking—they may reduce or negate your claim if your share of fault is over 50%.
Causation
You need to show that your trip and fall—and subsequent injuries—were a direct result of the property owner’s or occupier’s negligence.
Damages
The law allows compensation for tangible economic losses (like medical bills) and intangible damages (such as pain and suffering or emotional distress).
Challenges and Defenses
Trip and fall lawsuits often involve disputes over fault and notice:
Open and Obvious Doctrine
Property owners may argue that the hazard was “open and obvious,” implying you should have seen it and avoided it. While this defense doesn’t always absolve them, it can shift some blame to the plaintiff.
Lack of Notice
Defendants often claim they were unaware of the hazard. For instance, if a sidewalk crack developed the day before, they might argue they didn’t have enough time to fix it or place a warning.
Lack of Reasonableness
The property owner may suggest that they acted reasonably under the circumstances or that the cost/feasibility of repairing the hazard immediately was prohibitive.
Statute of Limitations
If you wait too long to file, your claim may be barred. As with slip and fall claims, trip and fall cases that accrue after March 24, 2023, are typically subject to a two-year filing deadline.
How a Personal Injury Attorney Can Assist
A specialized personal injury lawyer will guide you through every aspect of a trip and fall case:
- Thorough Investigation: Interviewing witnesses, reviewing surveillance footage, and examining maintenance logs.
- Expert Witnesses: In some cases, building code specialists, engineers, or medical experts may be essential to proving liability.
- Insurance Negotiations: Insurance adjusters often try to minimize or dismiss claims; an attorney ensures your rights remain front and center.
- Legal Strategy: Tailoring the approach—whether it’s settlement negotiations or litigation—based on the specifics of your accident and the defendant’s defenses.
Are you injured in a trip & fall accident?
Contact us for a free consultation today.
Damages in Trip and Fall Cases
Trip and fall victims can potentially recover:
- Medical Costs: Doctor visits, hospitalization, surgeries, rehabilitation programs.
- Lost Income: If injuries render you unable to work temporarily or permanently.
- Pain and Suffering: Physical discomfort, emotional trauma, and decreased enjoyment of life.
- Out-of-Pocket Expenses: Costs for assistive devices (crutches, wheelchairs) or home modifications if needed.
- Punitive Damages: In very limited cases—such as extreme negligence or willful disregard for safety.
Injured in a trip and fall accident? As top rated Miami Injury Lawyers we are here to help. Contact our legal team for a free case evaluation.
Don’t let medical bills and lost wages pile up. An attorney for personal injury can provide guidance on your next steps and advocate for the compensation you deserve.
Trip & Fall Laws in Florida can be complex. Right representation by a personal injury attorney ensure your voice is heard, and gets you the maximum compensation.
FAQs – Trip and Fall Accidents
How do I prove the property owner’s knowledge of the hazard?
This can be demonstrated through past complaints, photos showing a long-standing defect, or maintenance records indicating repeated repairs. Constructive notice arises if the hazard existed for a length of time that a reasonable owner should have discovered it.
Will my trip and fall claim always be against the property owner?
Not necessarily. Sometimes the responsible party is a tenant, management company, or contractor in charge of that portion of the property.
If I tripped because I was looking at my phone, do I still have a case?
You might, but your damages may be reduced if the court decides you share a percentage of fault. If you’re found more than 50% at fault, your claim may be barred.
How long do these cases usually take?
It varies. Straightforward cases might settle quickly, but if liability is disputed or injuries are severe, it can take many months or even years to fully resolve—especially if litigation is involved.
Can I handle a trip and fall claim on my own?
You could, but the property owner’s insurance company will have legal resources. Retaining a personal injury lawyer levels the playing field and often results in better compensation outcomes.
Conclusion
Trip and fall accidents stand alongside slip and fall incidents as a leading cause of serious injuries in Florida. While these hazards may seem straightforward, holding a property owner liable often involves complex legal hurdles, from proving notice of the hazard to countering defenses like comparative negligence or the open and obvious doctrine.
Nonetheless, victims have a robust legal framework on their side. By working with an experienced personal injury attorney, documenting the incident thoroughly, and seeking timely medical care, you can build a compelling case for compensation. Whether you end up negotiating a settlement or taking the matter to trial, your rights and well-being should remain the top priority.
If you or a loved one suffered a trip and fall injury in a place of business, a public sidewalk, a residential home, or anywhere else, don’t hesitate to explore your legal options. Call an attorney for personal injury today. Taking action now can safeguard both your financial stability and your future quality of life.
LEGAL DISCLAIMER: The information on this website is intended for informational purposes only and is not and should not be used as legal advice. You should consult an attorney for personal injury for advice regarding your individual situation. Using this website does not create an attorney-client relationship between the user and Adriana P. Santiesteban, P.A. Before an attorney client relationship is formed, we must make sure there are no conflicts of interest and come to an agreement to represent you. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. The hiring of a personal injury lawyer is an important decision that should not be based solely upon advertisements. Contact our office for additional information on Adriana P. Santiesteban, Esq.’s, qualifications and experience.
