In Florida, you may be able to receive compensation for an injury caused by a slip and fall accident. While it may be hard to understand initially, it is crucial to know your rights and what you can do, knowing that slip and fall cases are part of personal injury law.
What is a Slip and Fall Accident?
The term slip and fall accident is an umbrella term for various types of accidents. However, in general, it refers to any time a person loses track of their feet, trips, falls and becomes injured on another person’s property.
Slip and fall accidents can be categorized as:
- Trip and fall: a person falls over an uneven surface or an object misplaced in front of them
- Step and fall: a person’s fall is caused by a dip in their path or a hole
- Slip and fall: a person falls or slips due to a liquid or object.
Although people get injured all the time, these slip and fall accidents are at the fault of another person. According to Florida’s premises liability law, the property owner must keep their business or land in a reasonably safe condition for any customers or guests. It is the owner’s responsibility to fix any safety hazards as soon as they become aware of them.
If the safety hazards are still present and result in a person’s injury, the property owner may be responsible, as this means they were negligent. In this case, the injured person has the right to sue for any damages the accident may have caused.
How Can I Prove a Slip and Fall Case?
In Florida, an injured person can prove their slip and fall case by convincing the court of the following:
- The business or property owner owed a duty of care to the person who was injured. In other words, if the business itself is open to customers, they are essentially inviting the people to come in. In doing so, it is the property owner or manager’s responsibility to make sure the property is safe for all customers and visitors.
- The property owner did not use reasonable care in ensuring the property is maintained and functioning properly. Based on the evidence provided, the court will determine what reasonable care would look like in each case.
- Due to the property owner’s negligence and inability to use reasonable care, the person was injured.
In Florida, the statute of limitations states that slip and fall cases must be filed within four years of the injury date. If the injured person does not file within this time, they will forfeit their right to start a case against the property owner.
Because these specifications can be complicated, it is best to talk to an experienced, qualified Florida attorney to discuss your options if you have been involved in a slip and fall case.
Who is Responsible for My Injury?
Sometimes, it may be difficult to pinpoint who exactly is at fault in a slip and fall accident. For example, if a person is injured in a store inside a mall, various people are at fault and responsible for maintaining the premises. Therefore, multiple parties may assume responsibility for the same accident.
In Florida, each party responsible (or defendant) must pay for their share of the damages, so each owner or business must be included in the case. If the injured person fails to name each defendant, they will potentially lose that portion of compensation. Therefore, their attorney must ensure this does not happen.
Even more, Florida slip and fall lawsuits may be settled using a legal system called comparative negligence. This is when the court determines if the injured person was at fault for a portion of the incident and, eventually, concludes which party is more at fault. If the person was careless and got themself hurt, they may not be able to receive compensation, despite the hazardous conditions.
What Will Compensation for a Slip and Fall Case Look Like?
If you filed a slip and fall lawsuit and won, the court will determine fair compensation for the damages. This may include money for items like:
- Medical costs
- Lost wages (present and future)
- Permanent disability
- Emotional distress
- Other costs relating to the injury
Injury Assistance Law Firm is a personal injury claims lawyer in Orlando. As an Orlando personal injury lawyer, we know what it takes to win a case against an insurance company, and we can provide you with all the help you need to feel confident in your case. If you are interested in learning more, contact us today.