When you enter a commercial establishment, you are most likely there to conduct business. You may be shopping, purchasing gasoline, going out to dinner, or conducting day-to-day transactions. When you enter these establishments, you do so with your mindset on that business. You are not thinking about falling and getting injured.
Slip and fall accidents do happen. Insurance companies like to blame individuals for the accident, saying that the person was distracted by the business they were conducting and fell for that reason. However, most slip and fall events are because the property owner acted negligently.
To file a claim for slip and fall Florida injury victims must meet the four requirements for a negligence case.
Slip and Fall Cases In Florida – Requirements
There are four requirements to prove a slip and fall negligence case. Anyone who is seeking compensation for an injury from a slip and fall event must show:
1. Duty of Care
The injury victim must show that the property owner had a Duty of Care to them to prevent the fall from occurring. This is a very easy item to prove. If the business was open to the public, the property owner and management have a responsibility to the public to keep the place safe for use.
2. Breach of Duty
The next step to proving negligence is that you must show an action that occurred was not what an ordinary person would do under the same circumstances. For instance, if you fell down some stairs because the handrail was loose, you would show that a normal property owner or management would have fixed the loose handrail so no one would get hurt.
However, the Florida slip and fall statute takes this point one step further. Florida Statute § 768.0755 states that not only must you prove that there was a breach, but you must also show that the owner or manager of the property knew about that problem and did nothing to correct the issue.
This is where it can become a little more difficult to prove the case. However, an experienced slip and fall attorney can conduct the necessary investigation so that it can be shown that the owner knew or should have known of this condition and did nothing to make corrections.
3. Breach Led To Injury
The next step will be to show that the accident caused you a physical injury. This is why it is very important to file an accident report and request a medical evaluation after any slip and fall event. The information contained in those two reports will establish this fact.
4. The Injury Caused Financial Losses
This is the easiest step to prove. If there are medical bills, missed time at work, or any other expense related to the accident and injury, your attorney can show that financial harm occurred.
Slip and Fall Statute of Limitations Florida
The only other important law that you must consider when filing a compensation claim for a slip and fall event is the Statute of Limitations. The Statute of Limitations is a set of laws that applies to all legal cases.
These laws limit the amount of time you have to seek damages for a claim. The purpose of restricting the time is to protect all of the parties involved in the case.
Over time, evidence is misplaced, memories get foggy, witnesses move or die, and it is impossible for either side of the issue to get a fair trial. So the court limits the amount of time between when an event occurred and when they can file a claim.
In Florida, the Statute of Limitations states that you have four years from the date of the accident to file a compensation claim.
You are encouraged, however, to speak with an attorney much sooner than that. Slip and fall cases can be very complex, and many times the evidence is quickly lost because repairs are made to the area that caused the accident. Businesses can also change ownership or close down if they do not act quickly.
Contacting an attorney right away after a slip and fall injury will protect your rights and help your attorney establish a solid claim for compensation for your slip and fall injuries.
Contact the personal injury attorneys at Landau Law today for a free consultation.
Additional Reading:
Slip and Fall vs. Trip and Fall
The Basics of a Florida Slip and Fall Accident
The Florida Statute of Limitations for Personal Injury Cases
Florida Personal Injury Lawyer
Personal Injury Blog Posts
The Rise Of Electric Scooters, and Scooter Accidents, In Florida
Electric scooters have become a common sight on many streets in Florida, with their popularity soaring in recent years. While these eco-friendly and convenient vehicles offer an alternative mode of transportation, they have also brought about a concerning surge in...
Examples of how an attorney can help fight the insurance company
Insurance companies are in the business of protecting their clients, but unfortunately, they don't always act in their clients' best interests. Sometimes, insurance companies may deny claims, undervalue claims, or use unfair tactics to minimize their payouts. When...
Who is responsible if you hit an illegally parked car?
Recently a client came in and asked, "I hit an illegally parked car is it my fault?" The answer is not a simple yes or no. There will be several factors that must be considered to determine fault in this situation. Who Is Responsible If You Hit An Illegally Parked...
Who is at fault in a right turn accident?
Being involved in any type of car accident is frustrating. From the minute that the accident happens, life becomes more challenging. This is even more true if you are injured during the accident. Who Is At Fault In A Right Turn Accident? When you want to make a right...
What is a reasonable pain and suffering settlement amount?
When you have been involved in any type of accident that was not your fault, you are entitled to receive compensation for your injuries and losses. Some of the forms of compensation include medical expenses, lost wages, and future financial losses that are a result of...
Who is at fault in a car accident when backing up?
Driving a car in reverse is one of the most dangerous things you can do. No matter how a driver attempts to look behind them, they have a restricted view, whether they actually turn their head, use mirrors, or a backup camera. We rely on sight to drive. When you can't...
Looking at different types of car accidents
Car accidents, as terrifying as they may seem, happen all the time. With the busy lives we lead these days, it's difficult to find time for anything else. One thing we often forget is that driving is a major responsibility that should not be taken lightly- and when...
In Florida, what are boat operators required to do when involved in an accident?
Florida is a state that is known for its watersports. As the state is a peninsula that is surrounded on three sides by water, there is ample opportunity to get out and enjoy the water and sunshine. One of the most popular water activities is boating. In fact, state...