Slip and Fall Overview
If you slipped and fell on someone else’s property and believe their negligence caused your accident, you may want to pursue financial compensation for things like medical bills, lost wages, or pain and suffering. Fully understanding Florida’s slip and fall laws, as well as the concept of premises liability can help you in your personal injury claim and getting a full grasp on the situation you experienced.
Understanding Premises Liability
When you are injured on someone else’s property, these types of personal injury cases are often known as premises liability. Premises liability is a legal term involving situations in which a property owner or one responsible for the property’s maintenance are negligent and cause unsafe or poor conditions on the premises they maintain. When this negligence or these unsafe conditions result in the harm of another, premises liability comes into play. Remember, there must have been a responsibility for the property issue to sue and the unsafe conditions must be due to actual negligence.
Statute of Limitation Laws for Slip and Fall Claims
For personal injury claims, different states have different rules on how long you can wait to file a claim before it’s considered invalid. A time limit for a lawsuit of any kind is known as the statute of limitations. In Florida, the statute of limitations for slip and fall cases are within four years of the slip and fall accident. The same is also true for any property that could have been damaged during the slip and fall such as a wedding ring, watch, or other personal property you may have been holding at the time of the accident.
There are exceptions to most statute of limitations. For instance, if you slip and fall but didn’t notice any serious injuries or nothing developed right away, this could cause a delay in your filing. Under certain circumstances, the statute of limitations could extend to when your injury symptoms should have been reasonably noticeable. Sometimes internal bleeding or swelling can take time to notice or damage/put pressure on one’s nerves, for instance.
Comparative Negligence Concerns
Just because you attempt to argue that the property owner was liable for your injuries, it doesn’t mean the liable party won’t try to push the blame back on you. The fact is, the property owner may attempt to argue in court that you are partially to blame for your slip and fall. Comparative negligence can occur in court where, instead of full blame being put on one party, there is a break down and percentage distribution of how much each party was at fault for. If you are considered partially to blame, you may only be able to receive the percentage the other party was liable of the total compensation you are offered.
Types of arguments a premises owner might make to request comparative negligence include:
- You were trespassing on the property
- You were on the property during non-visiting or open hours
- You were in the location of the property visitors are not allowed to be
- You had prior injuries or medical conditions that caused you to fall in safe circumstances
- The dangerous issue on the premises was clearly marked or should have been obvious to you
- You were wearing inappropriate footwear for where you were when you slipped and fell
- The dangerous location was cut off with warning signs, tape, cones, or barriers
Contact a Pompano Beach Personal Injury Lawyer to Discuss Your Slip and Fall Case in Florida
Did you or a loved one sustain serious injuries due to a slip or fall in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Gonzalez & Cartwright, P.A. represent clients injured because of slip and falls in Pembroke Pines, Miramar, Coral Springs, Sunrise, and throughout the state of Florida. Call 561-898-0497 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 813 Lucerne Ave, Lake Worth, FL 33460, as well as an office in Pompano Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.