If a Florida resident has been injured in a slip and fall accident on someone else’s property, it is crucial to seek prompt legal guidance to understand their rights and options for compensation. A seasoned premises liability and personal injury lawyer can be an invaluable asset to assist injured parties.
In Florida, slip and fall accidents will generally fall under premises liability claims that require a property owner or occupier (i.e., business, commercial location, or otherwise private property) to use ordinary care to reduce or eliminate an unreasonable risk of harm created by a condition on the site or premises.
Because a person slipped and fell on someone else’s property does not automatically entitle the injured party to compensation from the property owner. Instead, an injured party must prove that the property owner’s negligence was the cause of a slip/trip and fall accident to be entitled to recover compensation from the subject property owner. Frequently, fall down cases are attributed to poor conditions on the property, and if it can be proven that the owner of the property was aware or should have known that these conditions existed, and did nothing about it, then the injured may be able to recover damages for their losses, such as medical expenses, lost wages, and more.
Among the provisions in the 2023 law signed by Gov. Ron DeSantis on March 24, 2023: a shortened statute of limitations or deadline was established in personal injury cases, from four (4) to file with the Florida Courts down to two (2) years as well as a less favorable comparative fault standard from a pure comparative (i.e., any amount of fault) standard to one that includes a 51% bar, i.e., the other party must be more at fault than the victim.
Common Causes of Slip and Fall Accidents
- Spilled Liquids: Property owners have a duty to promptly clean up spills and adequately mark areas where liquids are present to prevent accidents.
- Inclement Weather Hazards: Failure to address hazards caused by weather conditions like ice, rain, hail, or fallen leaves can lead to slip and fall accidents. Property owners should take reasonable precautions to maintain safe conditions during inclement weather.
- Tripping Hazards: Unsafe property conditions such as damaged floors, stairs, sidewalks, or poor lighting can create tripping hazards. Property owners are responsible for maintaining their premises in a safe condition to prevent accidents.
The legal team at CASERTA & SPIRITI is dedicated to helping victims of others’ negligence pursue the compensation they deserve for their injuries.
Personal Injury attorneys offer free, no-obligation consultations to discuss the injured party’s case and provide personalized legal advice. One should not hesitate to reach out for legal assistance in navigating their slip and fall injury claim.
The foregoing is a brief and general overview of the topic.
If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.