A personal injury attorney can help you determine if you need to sue under a workers’ compensation claim or a personal injury claim for economic and non-economic damages, but you must prove a few things first regarding degrees of fault and who is responsible to maintain the damaged walkway.
Workers’ compensation versus personal injury claim.
A person can sue for damages after an accident due to a damaged walkway, and damages may be covered by an insurance settlement in full under a workers’ compensation claim if the fall took place during work, or as a personal injury claim. If the dollar amount of damages is higher than insurance coverages, filing a legal suit is a possibility. If someone trips on an unsafe walkway injuring themselves resulting in decreased mobility, or pain that is ongoing, the property owner, and/or the restaurant might be partially responsible, even if it is the city’s responsibility to repair damaged walkways. It is important for property owners/lessees to report damaged walkways and post danger signs or notices of damage for pedestrians. It is helpful to have a homeowner’s or business owner’s policy, or a workers’ compensation policy guided by Florida Law that covers injury claims.
Danger of falls in U.S.
Falls caused 35,862 deaths in the United States in 2016 resulting in liability claims to insurance companies and litigation for wrongful death and personal injury. Falling in public, on a city maintained walkway, a business owner’s walkway, a rented property or someone’s home can bring about a comparative fault claim based on a negligence action for damages. The fault will need to be determined by reviewing all of the factors that led up to the accident. A property owner, a lessee, and a government entity are required to maintain safe conditions for visitors, but evidence must be gathered to support a claim of negligence including photos of the dangerous scene, witness testimony if someone saw the fall, accident reports, medical records and any evidence leading up to the cause of the fall. The burden of proof is on the injured party trying to recover damages.
Law and damages.
Florida Statute 768.81 addresses damages under a comparative fault claim for injuries when a person: 1) slips and falls on a transitory (not permanent) substance; and 2) the property owner/lessee should have remedied that situation. If the responsible party had actual knowledge of the situation they are accountable, when it is proven that the dangerous condition existed for a prolonged amount of time to cause the injury and was a well-known problem.
In the State of Florida, the courts award both punitive damages and/or compensatory damages. Damages are classified as economic or non-economic. Compensatory damages are those that will compensate a victim for a loss that can be measured or calculated; and punitive damages are those that will be a punishment to the person who caused the damage. Personal injury cases usually do not have punitive damages unless a willful act caused the damage.
Seek legal counsel.
Please contact a personal injury attorney in Miami today at The Law Offices of Orlando R. Murrillo, who will discuss the specifics of your case in detail, and the initial consultation is free of charge. It will benefit you to hire a qualified, skilled personal injury attorney who can help you gather the information needed to pursue your slip and fall injury case.
Orlando R Murillo P.A.
7350 SW 89th Street, Toscano Building
Miami, Florida 33156