Slip-and-fall accident cases are often more complex than other instances of premises liability and property owner negligence. You need to prove that the owner was aware or should have been aware of the hazard that caused you to trip, yet failed to mitigate it. You also need to submit the appropriate paperwork for your case by the required deadlines.
Your Florida slip-and-fall lawyer can help you navigate the complexities of this process in pursuit of maximum compensation.
Statute of Limitations for Filing a Slip-and-Fall Claim
Florida sets a deadline for how long plaintiffs have to file slip-and-fall claims and other premises liability cases against property owners. Under Florida’s statute of limitations, you generally have two years from the accident date to file a lawsuit.
Missing the deadline may bar you from pursuing compensation from the business owner or homeowner. This is why it is important to meet with a Florida slip-and-fall lawyer as soon as possible and start the ball rolling on your case.
Constructive Knowledge and Hazardous Conditions in Premises Liability Cases
The Florida slip-and-fall statute (Florida Statute § 768.0755) states that a person does not have the right to compensation from a property owner simply because they sustained injuries on their premises. Instead, they must show that the property owner had actual or constructive knowledge of the hazard that led to the accident and should have mitigated it before the injury occurred.
Constructive knowledge is a legal term indicating that a person is legally presumed to know something, even if they did not actually know it. A property owner may have constructive knowledge of torn carpeting on their premises, even if they claim they were not actually aware of it.
Florida’s Eggshell Plaintiff Rule
In your accident case, the property owner may try to claim that your pre-existing medical conditions caused your injuries to be worse than they otherwise would have been. But Florida’s eggshell plaintiff rule bars them from making this case.
According to this law, a defendant is responsible for the consequences of their actions, even if the victim’s injuries are more severe than expected because of a pre-existing condition. Your injuries would not have happened were it not for the hazard on the defendant’s property.
Lawful Evidence Collection for Your Case
Collecting evidence is key to preparing a successful slip-and-fall insurance claim or lawsuit against the property owner. Your Florida slip-and-fall lawyer can help you gather compelling evidence that is lawful and ethical in your case. This may include:
- Photos and videos of the accident scene
- Security camera footage of the incident
- Witness testimonies
- Medical records
- Testimony from medical professionals
You may need a court order to secure some of these, such as the property owner’s security camera footage. Allow your attorney to guide you through this process and avoid using any evidence that may not be admissible in court.
Comparative Negligence in Slip-and-Fall Cases
Florida follows a modified comparative negligence policy that bars individuals from seeking compensation if they were more than 50% responsible for an accident. Your fault percentage would decrease your compensation amount; for example, if the insurer finds you 20% responsible for the accident, you would only be able to seek 80% of your damages.
Your goal is to provide enough evidence to show that you were not even 1% responsible for the accident.
Let Our Florida Slip-and-Fall Lawyers Help You
While slip-and-fall cases are subject to specific statutes and may be more complex than other cases, a seasoned attorney can guide this process. At Hancock Injury Attorneys, we have extensive experience representing these cases. Contact us today at 813-544-7398 or fill out our online form for a consultation with our Florida slip-and-fall lawyers.