A wet tile floor in a Brickell high-rise lobby or a puddle tracked across a Bayside Marketplace walkway rarely looks dangerous until someone goes down hard. A Miami slip and fall lawyer at Frankl Kominsky Injury Lawyers steps in right after that moment, while the hazard, the footage, and the maintenance records still exist.

Between the humidity, the frequent afternoon downpours, and the volume of foot traffic through malls, hotels, and office lobbies, Miami properties generate a steady stream of falls that trace back to a hazard someone should have fixed.

At Frankl Kominsky Injury Lawyers, "Never Settle For Less®," we have recovered more than $250 million for injured clients across Florida, and we are ready to review what happened to you. Call 561-800-8000 for a free consultation, available 24/7.

Why Miami Turns to Frankl Kominsky After a Fall

A property owner's insurer starts working the file within hours of a fall, often before the injured person has seen a doctor. We move on the same timeline, sending an investigator to preserve surveillance footage, photograph the hazard, and pull maintenance logs before the condition is repaired and the scene is gone.

Over $250 million recovered for injured clients statewide
60-plus years of combined litigation experience among our trial team
Over 2,000 verified client reviews and a BBB A+ rating
Recognition from Super Lawyers, the National Trial Lawyers Top 40 Under 40, and the Multi-Million Dollar Advocates Forum
Coverage from CBS, NBC, the Palm Beach Post, the Sun Sentinel, and the Miami Herald
Staff fluent in Spanish and Creole, with a full Spanish-language site

Results may vary. Prior case outcomes do not guarantee similar results.

Our four Florida offices, in Boynton Beach, Pompano Beach, Port St. Lucie, and Palm Bay, support a statewide premises liability practice. Call 561-800-8000 today to have your case reviewed at no cost.

Person tripping over an electrical cord at home, risk of slip and fall accident injury.

What Types of Premises Liability Claims Do We Handle in Miami?

We handle slip and fall, negligent security, defective stairway, and elevator or escalator injury claims throughout Miami, along with the other premises categories below. Every one of them turns on a single legal question: did the property owner know, or should they have known, about a hazard they failed to fix?

Common categories include spills and tracked-in rainwater in grocery stores and restaurants, broken or unmarked stairs in apartment buildings and parking garages, malfunctioning elevators and escalators in malls and office towers, and falling merchandise in big-box retailers.

Pool deck accidents at hotels and condo complexes, inadequate lighting in stairwells and garages, and negligent security claims tied to assaults in poorly monitored parking areas also fall under this umbrella. Construction zones add another layer, since exposed rebar, unmarked trenches, and missing barricades regularly cause serious falls.

Building code violations support many of these cases even when nothing was spilled. A missing handrail, steps built at an inconsistent rise, or a walkway that fails to meet ADA slope requirements can each establish a hazard on its own, because the defect is the dangerous condition.

How Do You Prove a Miami Slip and Fall Claim?

A slip and fall accident lawyer in Miami builds a case around four legal elements: duty, breach, causation, and damages. Florida law requires an injured person to show the property owner owed a duty of care, failed to meet it, and that the failure directly caused the injury.

Spilled liquids fall under the transitory foreign substance statute, meaning the rule that covers something temporarily on a floor that does not belong there. Under Florida Statute 768.0755, the injured person must show the business knew about the hazard, or that it existed long enough or recurred often enough that a reasonably careful business should have caught it.

Actual knowledge is the easier standard to satisfy but the harder one to prove, since it usually requires an employee's admission or a prior complaint about the same spot. Constructive knowledge relies on circumstantial evidence, such as footprints tracked through a spill, a drink cup left nearby, or an untouched mop bucket in a supply closet during the relevant shift.

Surveillance footage showing how long a spill sat unaddressed is often the most valuable evidence, followed by incident reports, sweep logs, and employee statements about inspection routines. Sweep logs cut both ways: a consistently followed schedule strengthens the defense, while gaps or uniform entries suggest the log was completed after the fact.

Photographs taken immediately after a fall matter more than most people realize, since a hazard mopped up an hour later leaves nothing to examine. Records tying the injury to the fall round out the proof needed to hold a property owner accountable.

Call 561-800-8000 to have your fall reviewed at no cost.

What Makes Miami So Prone to Slip and Fall Hazards?

Miami's density, tourism volume, and weather combine to create premises hazards a drier or quieter city would not see. Downtown and Brickell high-rises use polished stone and tile in lobbies and common areas, surfaces that turn slick fast during afternoon downpours, and building management does not always keep pace with mopping during a busy rain event.

Tourist corridors carry their own risks. Bayside Marketplace, the cruise terminals near PortMiami, and the retail strips along Lincoln Road see enormous daily foot traffic from visitors unfamiliar with uneven pavers or sudden grade changes a regular local would step around without thinking.

Nightlife districts in Wynwood and parts of Downtown generate negligent security claims when inadequate lighting or unmonitored parking areas contribute to an assault, a different legal theory from a wet floor but still premises liability.

Seasonal flooding adds a layer visitors rarely anticipate. King tide events push seawater into low-lying streets and parking structures near Brickell and the Downtown waterfront several times a year, leaving standing water and slick residue long after the tide recedes.

A property that fails to post warnings or block off a flooded entrance during a predictable event faces the same notice standard as a store that ignores a spill on its own floor.

What Compensation Can You Recover After a Slip and Fall in Miami?

Compensation typically covers medical costs, along with lost income during recovery and reduced earning capacity for injuries that limit future work. Pain, emotional distress, and the practical loss of activities a person once did without a second thought also factor into a claim's value.

Florida follows a modified comparative negligence rule, which reduces a recovery by the injured person's own share of fault. Under Florida Statute 768.81(6), a party found greater than 50 percent at fault may not recover at all, while a party at 50 percent or less recovers an award reduced by that share.

In cases involving especially reckless property management, such as ignoring repeated complaints about the same hazard, punitive damages may also be available. Punitive damages punish the property owner rather than replace a loss, and they sit on top of compensatory damages, the categories that reimburse what the injured person actually lost.

How Insurers Try to Limit What They Pay

Property insurers lean on a handful of recurring defenses in Miami premises cases. The most common is that the hazard was "open and obvious," meaning a reasonably careful visitor should have seen and avoided it, which shifts blame toward the person who fell.

Fast settlement offers arrive before the full extent of an injury is known, and recorded statements are later read closely for any language suggesting the visitor was distracted or not watching their step. A fourth argument surfaces in tourist-area claims, where an out-of-state or international visitor's account is treated as harder to test because they cannot easily return for a deposition.

None of this requires an immediate response without guidance, and an early offer rarely reflects what a case is worth once treatment is complete.

Steps to Take After a Fall on Someone Else's Property

What happens in the hours after a fall shapes how strong the eventual claim will be.

Seek medical care immediately, even if the injury seems minor at first
Photograph the hazard, the surrounding area, and any visible injuries before conditions change
Report the fall to a manager or property employee and request a copy of the incident report
Get names and contact information for any witnesses who saw what happened
Avoid giving a recorded statement to the property's insurer before speaking with an attorney

Acting quickly on these steps preserves evidence that can disappear within hours, long before a lawsuit is ever filed.

When a Fall Proves Fatal

Some falls end in a death rather than an injury claim, particularly those involving a fall from height on stairs, balconies, or parking structures. Under Florida's Wrongful Death Act and Florida Statute 768.20, only the personal representative of the estate may file.

The personal representative is the person named in the will, or appointed by a probate court when there is no will, to act for the estate. Damages under Florida Statute 768.21 can include funeral and burial costs, the loss of the deceased's future earnings, and compensation for surviving family members' loss of companionship and support.

Parents who lose a child in a preventable fall, and children who lose a parent's guidance and support, can seek compensation under that same statute. A wrongful death claim carries a two-year deadline that runs from the date of death rather than the date of the fall, which matters when a death follows weeks of treatment.

FAQs: Miami Slip and Fall Lawyer

These questions come up often once a client understands the basics of proving fault and recovering compensation.

Do I need proof the store knew about the hazard?

For spills and similar conditions, yes. Florida law requires showing the business had actual or constructive knowledge of the dangerous condition, not just that it existed. In practice that proof comes from footage, sweep logs, and prior complaints, which is why we request them early.

What if I was injured in a Miami store but didn't report it right away?

A delayed report does not automatically end a claim. Reporting sooner strengthens the case by creating a documented record close to the time of the fall, and a late report simply means the record has to be built from footage, witnesses, and medical timing instead.

Can I still recover damages if I was partly distracted when I fell?

Often yes. Under Florida Statute 768.81(6), a party found greater than 50 percent at fault may not recover at all. At 50 percent or less, the claim proceeds and the award is reduced by that share, so the fault percentage is usually the central dispute.

How long do I have to file a Miami slip and fall lawsuit?

Florida generally allows two years from the date of injury to file a negligence claim, under Florida Statute 95.11(5)(a). A claim against a government entity requires written notice to the agency first, and surveillance footage is usually gone long before the two years run.

Does it matter if the property is a private home instead of a business?

Yes, the standard differs. Business establishment cases follow the transitory substance statute, while private property cases rely on general negligence and premises liability principles. A homeowner's liability policy is often what pays a visitor's claim either way.

Will my case go to trial?

Most premises liability claims settle before trial. We prepare every case as if it will be tried, because a case built for court is also a case built for a serious settlement conversation. If a fair offer does not come, we are ready to try it.

What does a free consultation involve?

We review the details of your fall, answer questions about liability and evidence, and outline the next steps at no cost and with no obligation. Consultations are available 24 hours a day in English, Spanish, or Creole, and nothing is owed unless money is recovered.

Call a Miami Slip and Fall Injury Attorney Today

Evidence in a premises liability case has a short shelf life. Surveillance footage gets overwritten, hazards get repaired, and witnesses move on within days of a fall.

At Frankl Kominsky Injury Lawyers, we have recovered more than $250 million for injured clients across Florida, backed by 60-plus years of combined trial experience and thousands of verified client reviews.