How An Expert In State Law Can Help With Your Slip And Fall Claim
Injuries from slips, trips, and falls can impact your ability to work, enjoy daily activities, and live pain-free. If you’ve been injured in an accident on someone else’s property, you may be able to secure a monetary award in order to handle accident-related costs. A Miami personal injury lawyer with expertise in state law can increase your chances of receiving fair compensation.
Premises Liability Laws in Florida
Due to state liability laws, property owners can be held responsible if they do not maintain safe conditions. Premises liability applies to both residential and commercial property owners, including stores, restaurants, hotels, and even private homes.
If you want to move forward with a claim, know that a successful premises liability claim is one that involves proving negligence. This generally means that the owner failed to maintain the property, didn’t address a hazardous situation in a timely manner, or did not properly warn visitors about a dangerous condition.
To hold a property owner accountable for your slip and fall injury, talk to an attorney about establishing the following.
- Property owner had a duty of care. Depending on why you were on the property, there could be a different duty of care involved in your case. For instance, if you were a customer in a store, the owner has a high duty to keep the premises safe. As a social guest, the duty of care is present but slightly lower. Trespassers are generally not owed much of a duty, except in certain situations.
- Danger was in place. You must prove that a dangerous condition existed, such as a wet floor, loose carpeting, or broken stairs, and that this condition caused your accident. Photographs, video surveillance, and witness statements can be helpful in establishing this.
- Risks should have been known. This is often the most challenging element to prove. You must demonstrate that the property owner knew or reasonably should have known about the hazardous condition and failed to fix it in a timely manner.
- Your injury is a direct result of the hazard. Finally, you must link your injuries directly to the hazardous condition. Medical records and documentation of your injuries are essential.
Making sure all of the pieces are in place can be complicated. For guidance, lean on a professional who has a deep understanding of state-specific legal principles.
Filing Your Claim Within Florida’s Statute of Limitations
There are an array of state guidelines to follow, including deadlines for securing financial relief. In Florida, you generally have four years from the date of the accident to file a personal injury claim. Missing this deadline can result in losing your right to compensation. A Miami personal injury lawyer will ensure that all paperwork is filed on time.
How have you been managing after a slip or fall accident injury? Premises liability claims require a thorough comprehension of state law. The legal team at Spencer Morgan Law is available to guide you through how to hold the property owner accountable and fight for the compensation you deserve. Call 305-423-3800 for a confidential assessment.