3 Things You Need to Know About a Slip and Fall Case in Florida
By Steve Charles on February 5, 2021
We all slip and fall and, in most cases, we have a good laugh about it and get back to our business. However, there are those rare cases where our fall results in long-lasting and serious injuries.
Just because you slip and fell recently doesn’t mean you can file a personal injury case. There are some factors you need to consider before even considering a slip and fall claim in Florida. This includes:
1. Was Your Fall Due to Someone Else’s Negligence?
If your fall was because of your own clumsiness, you can’t sue someone else for damages. Of course, this doesn’t necessarily mean that you should assume it was your fault if no one else was involved. You see, property owners are responsible for keeping their property or business in a safe condition for visitors or customers.
For this reason, if there’s a concern or a safety hazard, property owners are required by law not to delay efforts to make it safe or remedy and to notify passersby. If this isn’t done, they may be legally responsible if someone is injured.
2. Property Owners Should Have ‘Actual Knowledge’ or ‘Constructive Knowledge’ of the Hazard
If property managers or owners are aware of the hazardous conditions on their property, they will have had ‘actual knowledge’ of the risks. If someone knows about a threat to safety, they are legally responsible for providing solutions to keep the premises of their property safe for visitors.
On the other hand, Florida law provides guidelines for slip and fall victims state that ‘constructive knowledge’ can be proven with the help of circumstantial evidence. There are 2 ways of doing this:
- By proving that the hazard existed for a period of time and that there is no way that the property owner didn’t know.
- By proving that accidents occurred regularly and, therefore, their fall was foreseeable.
3. There Is a Statute of Limitations
When filing lawsuits, Florida law has set a statute of limitations for how long slip and fall victims can sue for injuries. For slip and fall accidents, you will have exactly 4-years to file a lawsuit before expiration of the statute of limitations.
Florida also recognizes the fact that it can sometimes take time for injuries to present themselves. With that said, 4-years is a pretty decent amount of time considering the fact that some other states only allow 2 or 3-year statute of limitations on slip and fall claims.
Charles Legal PLLC
If you’re looking for slip and fall lawyers in Miami-Dade, Broward or Palm Beach, Florida, our team of experts are here to help you maximize recoveries and get the compensation you deserve. We have years of experience and a track record of proven results. All you need to do is schedule a free consultation and we’ll take it from there. Call (954) 342-6446