After slipping and falling on someone else’s property, you may feel a little embarrassed. However, if this accident caused an injury, you should overlook the embarrassment and focus on what you can do to recover compensation from the at-fault party.
Understanding your rights and how to prove negligence in these situations is important. We recommended contacting our office at Zimmet & Zimmet to speak to a Florida slip and fall attorney about your situation. We can review the facts and help you pursue compensation from the at-fault party or their insurance company.
Our attorneys are here to help with your case and provide more information about your rights after a slip and fall accident.
Related Article: Tips For Proving Fault In A Slip & Fall Accident Case
Proving Negligence in a Slip and Fall Case
It is important to understand that slipping and falling on someone else’s property does not mean you will automatically receive compensation from the owner or occupier.
You (with the help of your Florida slip and fall attorney) must show that the owner’s negligence caused the accident. This is what gives you the right to monetary compensation.
Duty and Breach of Duty
While a slip-and-fall accident can occur anywhere, many occur on commercial properties, like hotels, restaurants, and stores. In these situations, victims are often the clients or customers of the business.
According to Florida law, these individuals are “invitees.” They are entitled to the highest duty of care from the property or business owner. The duties include taking reasonable efforts to keep the property free from defective or hazardous conditions that may cause harm to invitees.
A property owner’s duty is breached when the owner does not fix a defective or hazardous condition or warn the invitees on the property about it. The property owner would have had to know the defective or hazardous condition existed or should have known of its existence when the accident occurred.
An example would be at a supermarket. The staff may not know about a spill that just happened; however, a customer that slipped and fell because of it may still try to pursue a claim. In this case, it would be necessary for the customer (plaintiff) to show proof that the staff should have discovered it if they had conducted reasonable efforts (an example would be conducting maintenance).
Slip and Fall Causation
As the plaintiff, it is also required that you show your accident would not have happened if the property owner or occupier did not breach the duty of care they had to them. An extension of this is that it is necessary to show that the accident was foreseeable due to the property owner’s conduct.
Damages from a Slip and Fall Accident
It is also necessary to show that you have sustained some type of loss or damage due to the accident that you can receive compensation for. Even mental or emotional injuries caused by a slip and fall accident can be enough to file a claim to receive monetary compensation.
Types of Damages You Can Receive in a Slip and Fall Accident Claim
After a slip and fall accident, you may experience several types of damages. Some of the most common things you can receive compensation for include after a slip and fall accident include the following:
- All accident-related medical costs, including time in the hospital, surgeries, medications, rehabilitation, and more.
- Lost wages and the loss of future earnings, depending on how serious your injuries are.
- Reduced quality of life due to the accident and your injuries.
- Pain and suffering and emotional and mental anguish.
- Punitive damages if there was willful or malicious negligence involved in the accident.
It is worth noting that with slip and fall cases, punitive damages are extremely rare. These types of damages are designed to punish the offender, not compensate you for your losses.
Related Article: What To Do After A Slip And Fall Accident
The Time Limit for Filing a Slip and Fall Accident Claim in Florida
If you slip and fall on someone’s property, Florida’s statute of limitations begins. This is the amount of time you have to file a lawsuit against the at-fault party or parties.
In Florida, you have just four years to pursue a compensation claim. The clock starts on the date of the incident. If you don’t file a claim within four years, you lose the right to do so.
Florida’s Comparative Fault Rules
Florida follows a comparative fault law. If you are partly at fault for the slip and fall accident and the injuries you sustain, you may also have to cover some of the losses that occur.
According to the comparative fault rules that the state of Florida uses, your compensation will be reduced by your percentage of fault.
For example, if you are found to be 25% at fault for the slip and fault incident and your awarded damages are $100,000, you receive 75% of the total settlement or $75,000.
Related Article: Dos And Don’ts After A Slip And Fall Accident
Don’t Wait to Contact a Florida Slip and Fall Attorney for Assistance
If you slip and fall on someone else’s property, it is important to consider what caused your accident. Was it due to a hazard that should have been fixed or warned against? If so, then you may be able to file a claim to receive monetary compensation.
To know what you are entitled to receive, contact a Florida slip and fall accident attorney from Zimmet & Zimmet. We can investigate the situation and determine what your claim is worth. We are dedicated to helping accident victims recover the full compensation they are entitled to.
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