Each state has laws that dictate the legal action a slip and fall accident victim can take against the owner of public or private property. In Florida, there are two very important laws slip and fall accident victims need to be aware of it they are looking to hold a property owner liable for their injuries and losses. Generally, a property owner can be held liable when the following elements can be proven:
- The property owner owed the individual a duty of care.
- The property owner breached that duty.
- The individual suffered injuries.
- The injuries were a direct cause of the breach of duty.
Both public and private property owners owe individuals who enter their property a duty of care which means their premises should be free from hazardous or dangerous conditions that could potentially cause harm to someone else. When a property owner fails to maintain their premises and someone gets hurt as a result, they may be liable for compensating the injured party for the injuries they suffered. If the injured party wanted to try and recover compensation from the property owner, they would need to file a premises liability lawsuit against them.
Florida Laws that Effect Premises Liability Lawsuits
- Statute of Limitations
After an individual has slipped and fallen on public or private property, they are only given a certain period of time to bring a lawsuit against the property owner. In most cases, the State of Florida will allow a slip and fall injury victim to bring their lawsuit against a property owner if they do so within four years from the date of the incident or their injuries became known. After four years have passed, they may be barred from suing. Although four years may seem like a long period of time, there is much work that will need to be done if they want to build a solid case and increase their chances of obtaining a favorable outcome.
Therefore, it benefits a slip and fall accident victim to contact a Fort Walton Beach, FL personal injury lawyerafter an incident so they can begin working on their case.
- Comparative Negligence Law
The next law that all slip and fall accident victims should be aware of is Florida’s comparative negligence law. This law says that if an accident victim played a role in causing the incident to occur, their damages, if any are awarded to them, shall be reduced by their percentage of fault. This means if the injured party was distracted or not looking where they were going which caused them to trip over a cracked tile in a store, they could have their award amount lowered because of this.
What types of damages might be awarded in a slip and fall accident case?
- Property damage. If an individual’s watch or prescription eyeglasses broke as a result of their fall, they can request that the property owner reimburse them for these losses as they are likely costly to replace.
- Pain and suffering
- Lost wages
- Loss of earning capacity
- Medical expenses
- Mental anguish
- Loss of enjoyment of life
Get in Touch a Fort Walton Beach, FL Personal Injury Attorney After a Slip and Accident
If an individual suffered an injury on public or private property in Fort Walton Beach, FL, and they would like to find out if they can sue the owner for damages (i.e. financial relief), they can contact Browning Law Firm for legal help. Browning Law Firm is a personal injury law firm located in Fort Walton Beach that can assist with a wide array of accidents, including slip and falls.
Browning Law Firm can be reached at:
418 Racetrack Rd. NE, Ste B
Fort Walton Beach, FL 32547