Understanding Slip and Fall Laws in Florida
Slips and falls happen to millions of people every year. Slips and falls can happen at home, in the workplace, in a grocery store or restaurant, in an office building, or on public property such as sidewalk or parking lot.
These accidents may seem funny but they can be very dangerous. Depending on how you fall, you could suffer broken bones, head trauma, nerve damage, and tears to muscles, ligaments, and tendons. These injuries can last a long time and also be painful and costly.
If you’ve been injured in a slip-and-fall accident in Florida, understanding the state’s legal framework is essential to pursuing compensation. These claims are often brought as premises liability cases.
Under Florida law, specifically the state’s negligence statute on torts, an injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.
To establish constructive knowledge, the law requires showing that:
- The condition existed long enough that a reasonable property owner should have discovered and fixed it, or
- The condition occurred regularly enough that an accident was foreseeable.
Evidence in these cases may include witness statements, surveillance footage, and other proof that the hazardous condition was present for a substantial period of time.
Who Can Be Sued?
There can be multiple potential defendants in a slip and fall case. Because of this, a thorough investigation by a Florida premises liability attorney is critical. Depending on the circumstances, responsible parties might include the following:
- Maintenance companies
- Construction companies
- Contractors or subcontractors
- Third-party service providers
You will need evidence to strengthen your case. Consider the following:
- Forensic evidence, such as slippery flooring materials or floor stains.
- Security footage, often available in retail or big-box stores.
- Eyewitness testimony that can corroborate your account of events.
- Maintenance records with detailed cleaning or inspection schedules.
- Internal emails or documents that show knowledge of the hazard.
- Photos or videos you captured from the scene of the fall.
It’s important to record as many details as possible after the incident, including the conditions, location, and any witnesses. The more documentation you provide, the stronger your attorney’s position will be when negotiating for compensation.
In Florida, you generally have two years from the date of the accident to file a lawsuit. Missing this deadline typically means forfeiting your right to recover damages.
Compensation
How much can you expect to receive? Settlement values vary widely, as each case is unique. Payouts in slip and fall claims can range widely from $45,000 to $850,000, depending on factors such as injury severity, medical costs, and lost income.
Keep in mind that Florida also follows a modified comparative fault rule. This means that if you are found partially responsible for your accident, your compensation may be reduced proportionally.
Contact a Slip and Fall Lawyer Today
Slips and falls can cause serious injuries, which can be costly. Make sure you get the compensation you deserve.
A Bradenton slip & fall lawyer from Cahall Law Firm can assist you with your claim. Come get justice. Fill out the online form or call (941) 281-2019 to schedule a consultation.
Source:
jdsupra.com/legalnews/navigating-florida-s-slip-and-fall-cases-6770430/
