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Slip and Fall Injury
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The Basics of Florida Slip & Fall Law

If you've been hurt in a Florida slip-and-fall accident, you may need to be compensated for your injury. Slip-and-fall cases are part of personal injury law, which can be challenging to understand. It is important for you to know your rights and what you can do.

What is a Slip-and-Fall Accident?

The term slip-and-fall is used to cover a variety of accidents. Generally, a slip-and-fall is any time a person loses their footing, falls, and is injured on another person's property.

There are several types of slip-and-fall accidents, including:

  • Trip-and-fall, where a person falls over an object in their path or an uneven surface
  • Step-and-fall, where the fall is caused by a hole or a low spot in the path
  • Slip-and-fall, where a slippery liquid or object causes the fall

People are injured in falls every day, but only some injuries are the fault of another. Under Florida premises liability law, a landowner or business must keep their property in a reasonably safe condition for customers or guests. If the owner or manager knows-or should know-that some part of the property is not safe, the problem must be fixed quickly.

If the problem isn't fixed and a person falls and is injured as a result, the owner or manager of the property may be responsible for the injury. This is called negligence, and the injured person may be able to sue.

What Do I Need to Prove In a Slip & Fall Case?

In a Florida slip-and-fall case, an injured person needs to prove three things to the court:

  • The property owner or business owed a duty of care to the injured person. For example, when a store is open for business, it is the same as if they have asked you to come in and shop. When a business invites someone onto their property, they need to make sure that their property is safe.
  • The property owner or business didn't use reasonable care in maintaining or operating the property. The court decides what is reasonable in each case based on the evidence.
  • Because the property owner or business didn't use reasonable care, a person was injured.

A Florida slip-and-fall case must be filed within four years of the date of the injury. After that time, the statute of limitations, or time limit, will have run out, and you will not be able to start a case.

These items can become very complicated in a Florida slip-and-fall case. If you have been injured, an experienced Florida slip-and-fall attorney can help you decide if you have a case and present the best proof to the court.

Who is Responsible for My Injury?

It can be difficult to know exactly who is at fault in an accident. A store may be owned and operated by the same person while a shopping mall may have multiple owners and businesses under one roof. Several parties may share some responsibility to an injured shopper.

It is important that every owner or business is included in a case. Under Florida law, each defendant is only required to pay for its share of the injury. If your case does not name each responsible party, you may not be able to get full payment. Part of the job of a Florida slip-and-fall attorney is to make sure each possible defendant is part of the case.

In Florida, slip-and-fall cases also use a legal tool called comparative negligence. The court compares the injured person to the landowner or business and decides who was the most at fault. A person who was careless enough to get hurt may not win a case even if there was a danger on the property.

What Can I Get in a Florida Slip & Fall Case?

If you are the injured person and you win your case, the court will decide how to compensate you for your injuries. That amount may include money for many items, including:

  • Medical costs
  • Lost wages, both now and in the future
  • Permanent disability
  • Emotional distress
  • Other costs directly related to your injury

Florida slip-and-fall law can be complicated. An injured person may be up against large corporations with great resources. If you've been injured, you should strongly consider seeking the help of an attorney. Florida slip and fall attorneys practice Florida personal injury law. They can protect your rights and give you the best chance of success in court.

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