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Every day, countless people in Miami use stairways to get to where they need to go. Whether you are at an apartment building, a hotel, an office complex, or a shopping center, you expect the stairs to be safe. Unfortunately, not all stairways are properly maintained or designed, and this can lead to serious accidents. At the Law Offices of Gonzalo Funes, PA, we understand how life-changing a stairway injury can be. If you have been hurt in a fall on someone else’s property, you may be entitled to compensation for your medical bills, lost income, pain, and suffering. Contact a Miami injury lawyer from our firm so we can discuss your stairway accident case.
In Florida, property owners have a legal duty to keep their premises safe for visitors. When they fail to meet that responsibility, and someone gets hurt as a result, they can often be held accountable. Stairway accident cases can be complex, so it is important to speak with an experienced personal injury attorney who can effectively fight for your rights. Fortunately, if you’re reading this, you’ve come to the right place.
There are many ways that a stairway can become unsafe. Some dangers are obvious, while others are hidden or not immediately noticeable until it’s too late. Here are some of the most common stairway hazards that can lead to someone getting hurt:
Any of these conditions can cause a serious accident, and when they do, the property owner or manager may be responsible for the resulting injuries. If you have been injured on a dangerous stairway, it is important to take photographs of the hazard if you can, report the accident, and seek medical attention right away.
One of the first questions people often have after a stairway accident is whether they can sue the landlord, building owner, or property manager. The answer depends on several factors, but generally, you can bring a claim if the property owner or person in control of the property was negligent.
Negligence means that the owner failed to take reasonable steps to keep the property safe. For example, if the owner knew or should have known about a loose step but did nothing to fix it or warn visitors, they may be held liable. The same applies if a handrail was broken for months and no repairs were made, or if the stairs were frequently wet without any caution signs posted.
To win your case, you will need to prove several things. First, that the owner or person responsible for the property owed you a duty of care. Second, that they breached that duty by allowing a dangerous condition to exist. Third, that this breach directly caused your injury. Finally, you must show that you suffered damages as a result, such as medical expenses, lost wages, or pain and suffering.
It is worth noting that in Florida, even if you were partially at fault for your accident (for example, if you were distracted while walking down the stairs), you may still be able to recover compensation. Florida follows a modified comparative negligence rule, so as long as you were not more than 50 percent at fault, you may still recover damages, though your compensation would be reduced in proportion to your share of fault.
If you are considering taking legal action after a stairway accident, it is crucial to understand the deadline for filing a lawsuit. This deadline is known as the statute of limitations. In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit.
Missing this deadline can be devastating for your case. If you try to file a claim after the statute of limitations has expired, the court will almost certainly dismiss your case, and you will lose the right to seek compensation, no matter how strong your evidence might be. This is why it is so important to contact a lawyer as soon as possible after an injury. A skilled attorney can make sure that your claim is filed on time and that all necessary evidence is gathered while it is still fresh.
There are some exceptions that could change the deadline, but they are rare. For example, if the injured person is a minor or if the defendant leaves the state for a period of time, the statute of limitations might be extended. However, you should never assume that you have extra time. It is always better to act sooner rather than later.
If you or a loved one has been hurt in a stairway accident, the Law Offices of Gonzalo Funes, PA is here to help. We offer free consultations and are ready to listen to your story. Our team will explain your rights, answer your questions, and guide you through the legal process every step of the way. Do not wait until it is too late to seek the compensation you deserve. Contact a stairway accident lawyer today.
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