Have you been injured at a Miami, FL, Winn Dixie location? You may have a claim for compensation. You could recover compensation for your medical expenses, lost wages, and pain and suffering. Miami personal injury lawyer Boris Lavent at Lavent Law can help you maximize your potential award.
Miami Winn Dixie Lawyer Boris Lavent helps injury victims across South Florida with their personal injury cases. Lavent Law has recovered millions of dollars in compensation for injury victims like you. Give us a call today to set up your free consultation; Boris Lavent will even come to you!
- 1 How Can Lavent Law Help Me After My Injury at Winn Dixie in Miami, FL?
- 2 Could Winn Dixie Be Liable for My Injuries?
- 3 What Duty of Care Does Winn Dixie Owe Invitees?
- 4 Does Winn Dixie Owe Me for My Slip and Fall Accident?
- 5 What if I Was Injured in a Winn Dixie Parking Lot?
- 6 What if I Was Working at the Time of My Winn Dixie Injury?
- 7 What Damages Are Available for My Winn Dixie Injury?
- 8 How Long Do I Have to File a Lawsuit After My Winn Dixie Injury?
- 9 Reach Out to Our Miami Winn Dixie Injury Lawyer Today
How Can Lavent Law Help Me After My Injury at Winn Dixie in Miami, FL?
Owners and operators of businesses, including grocery stores like Winn Dixie, have a duty to maintain their stores in a reasonably safe condition. Should they fail to do so, they can be liable for visitor’s injuries in the store.
When someone gets injured at a grocery store location, corporations like Winn Dixie have a business interest in fighting personal injury claims. You need an accident attorney who has the knowledge and skills to take on the insurance companies and get you the compensation you deserve.
Here’s how Boris Lavent, recognized as a National Trial Lawyers Top 40 Under 40, will help you throughout the life of your personal injury case:
- Personalized representation. Not only will Boris Lavent meet you at your home for an initial consultation, but every client receives his personal cell phone number. If he cannot take your call as it comes in, he will return it within a day.
- In-depth investigation. After a Winn Dixie slip-and-fall accident, you may get an incident report from the store manager. You need an independent investigation, however, and that’s where Lavent Law comes in. We get surveillance video and witness statements, when possible, to support your claim.
- Expert analysis. Experienced personal injury attorneys know that medical, financial, and other technical experts can help prove injuries, economic losses, and negligence on behalf of the at-fault party.
- Defense against accusations of blame. Often, insurance companies for grocery stores like Winn Dixie try to blame the injury victim. They use this tactic to reduce the injury victim’s total compensation. Boris Lavent pushes back against accusations that exaggerate or falsify the injury victim’s blame for their injuries.
- Savvy negotiation and top-rated litigation. The majority of all lawsuits settle before they reach trial. At Lavent Law, we make every effort to settle our client’s cases favorably, if they wish to do so. However, if a settlement cannot be reached, you can trust that Boris Lavent will be well-prepared when he fights for your maximum compensation in court.
If you were injured because of a dangerous condition in a Winn Dixie store or parking lot, you will need a skilled personal injury attorney to protect your rights.
Contact our law firm today to schedule your free consultation with Miami personal injury attorney Boris Lavent at Lavent Law. We serve cities across South Florida including Fort Lauderdale, Miami, and West Palm Beach, FL.
Could Winn Dixie Be Liable for My Injuries?
Even if you were hurt at Winn Dixie, that does not mean you will automatically be able to recover compensation. If Winn Dixie failed to keep their property reasonably safe, however, you may have a legitimate premises liability claim.
What is premises liability?
Premises liability is the legal responsibility that property owners owe to others who are present on their property. The level of responsibility depends on the type of property involved (commercial or residential) and the person’s reason for being on the property.
Under premises liability laws, there are three categories of visitors to properties:
At Winn Dixie, shoppers are invitees. Invitees are present on the property for the benefit of the property owner. This applies to anyone present for business purposes and to properties that are generally open to the public.
Proving Premises Liability
To prove a premises liability claim against Winn Dixie, an invitee must prove four things:
- Winn Dixie owed a duty of care to the injured person
- Winn Dixie violated the duty of care owed
- Winn Dixie’s violation caused the injury
- The injured person was actually injured
A duty of care means the level to which Winn Dixie must act to maintain a safe store for customers. The duty owed depends on the circumstances.
What Duty of Care Does Winn Dixie Owe Invitees?
Winn Dixie owes invitees the highest duty of care. Here’s what that means Winn Dixie must do:
- Maintain the store and surrounding areas in a reasonably safe condition
- Repair any hazards or dangerous conditions found on the store property
- If dangerous conditions are present, warn invitees of the danger
- Conduct periodic and reasonable property inspections to find and repair dangerous conditions or other hazards on the property
This means that Winn Dixie must take steps to occasionally inspect their store and surrounding properties for things that might cause harm.
Does Winn Dixie Owe Me for My Slip and Fall Accident?
Not every injury at Winn Dixie will be the result of a slip-and-fall. You may have been in a car accident in the Winn Dixie parking lot. You could have been injured by a product falling from a high shelf.
However, grocery stores have smooth, sometimes slippery floors. Many dangerous conditions can develop as a result of business operations.
Here’s what Winn Dixie’s duty of care could mean in various common grocery store situations:
Leaking Freezers or Coolers
Let’s say a freezer or cooler malfunctions. The malfunction causes thawing. A water puddle then forms on the floor as the cooler or freezer warms up.
Winn Dixie has a duty to perform reasonable inspections of its property for dangerous conditions. A water puddle could be dangerous if it forms on a grocery store floor in front of a freezer or cooler.
So, Winn Dixie is responsible for occasionally checking the temperatures of their coolers. Ordinarily, this very important legal duty is carried out by store employees.
Spilled Product or Broken Packaging
Winn Dixie employees are responsible for carefully stocking the shelves. In the event that a product’s packaging fails or breaks, or a product otherwise spills, it could create a dangerous condition.
While it may not always be possible to immediately remedy such a spill (for example, if it is very large), Winn Dixie has a duty to warn invitees of dangerous conditions. If Winn Dixie, through its employees, fails to put up signage or otherwise give notice of the dangerous condition, it may violate its duty of care.
If you were injured in a slip and fall accident at a Miami Winn Dixie, you should promptly contact an experienced Miami personal injury lawyer. Contact Lavent Law for a free consultation with Boris Lavent concerning your injury case.
What if I Was Injured in a Winn Dixie Parking Lot?
Winn Dixie’s duty of care extends to certain areas surrounding the store,for example, the parking lot.
Parking lots can have potholes, which could form a dangerous condition. Once Winn Dixie knows of the pothole, they should give a warning and make the necessary repair. If Winn Dixie does not know of the pothole but would have known of it through a reasonable inspection, the company may be liable for injuries the pothole causes.
Another duty of care is owed with regard to third parties on the premises, particularly, criminal actors. If a location is in a high-crime area, Winn Dixie store owners may have a duty to erect lights or employ nighttime security guards.
If you were injured in the parking lot of Winn Dixie, you may be eligible for compensation. Call Boris Lavent, our experienced Miami Winn Dixie Injury Lawyer, for a free consultation about your case.
What if I Was Working at the Time of My Winn Dixie Injury?
If you were injured while working at Winn Dixie, you may have two unique and independent claims under Florida law. You might have a premises liability claim as described above. However, you might also have a claim for workers’ compensation.
If you qualify as an employee, you may be able to recover compensation through workers’ compensation. However, by making a workers’ compensation claim, you may waive your right to file against your employer. However, if a third party is also responsible for your injury, you could assert claims against them.
An experienced Miami personal injury attorney, like Boris Lavent, can help you understand the benefits and drawbacks of making a workers’ compensation claim.
What Damages Are Available for My Winn Dixie Injury?
It depends. The facts and circumstances of each case determine what damages are available.
Damages are meant to compensate injury victims for their losses.
Economic damages are meant to restore economic losses, including:
- Medical expenses
- Nursing care
- Lost wages during recovery
- Disability or reduced earning capacity
Our law firm will help you gather and organize documents like medical bills, receipts, pay stubs, and tax returns to prove your losses.
For losses that are not related to money, there are non-economic damages.
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Disfigurement and scarring
- Loss of enjoyment of life
It can be very difficult to establish the value of these losses, although they are often significant. We work with financial experts and other experts, like life care planners, to appropriately value your injury claim.
Punitive damages are meant to punish the wrongdoer. They do not apply to most cases.
To learn more about what your personal injury case is worth, contact Lavent Law to schedule your free consultation today.
How Long Do I Have to File a Lawsuit After My Winn Dixie Injury?
Injured parties have up to four (4) years from the date of injury to file a lawsuit under Florida’s statute of limitations. In many cases, including Winn Dixie injury cases, the process starts with claims against one or more insurance companies. Wrongful death lawsuits must be filed within two (2) years of the fatality.
The statute of limitations is an important deadline. If a lawsuit is not filed on time, the injury victim may not be able to recover compensation at all.
A competent and organized personal injury lawyer, like Boris Lavent, will make sure your claims are asserted on time.
Reach Out to Our Miami Winn Dixie Injury Lawyer Today
If you have suffered an injury at a Miami Winn Dixie store or parking lot, you should establish an attorney-client relationship as soon as possible.
To learn more about your right to compensation for losses like medical bills, lost wages, and emotional distress, reach out to our Miami Winn Dixie injury lawyers today. Call our Miami, FL, law office today to schedule a free consultation.