Slip and fall accidents may seem to cause minor injuries at first, but they can potentially alter your whole life. This is because, it may take weeks before you will know the real damage your injuries caused to your body. Florida slip and fall law is a bit complex, thus you must know several important things before filing a slip and fall injury claim against the owner of the property.
Points to Consider Before Filing a Slip and Fall Injury Claim
Florida’s slip and fall law takes several factors into account before awarding compensation to a victim of slip and fall accident due to the owner’s negligence. Property owners are required to show a certain level of care to each individual who visits their premises. Visitors are normally classified as Invitees, Licensees, and Trespassers.
Invitees
The responsibility of an owner may change depending on your status at the time of injury. Highest priority is accorded to individuals who are classified as invitees or the people who were invited to visit a property.
Invitee refers to anyone who enters a premise with a purpose which is mutually beneficial to the visitor and the owner, such as a customer.
Licensees
Licensees are generally people who enter premises with explicit or implied permission from the owner, such as social guests who visit a house of an acquaintance. To be considered a licensee, it’s important that no business purpose is involved.
Trespassers
Trespassers, as the word suggests, are those who enter a property without the permission of an owner. Their claims for slip and fall injuries rank at the lowest level for slip and fall accidents.
Statute of Limitations
The Florida statute of limitations is also applicable for slip and fall claims. This essentially means that you can bring a claim against the owner of a property for slip and fall injury within 4 years after the incident happened.
Negligence Laws
You must also be aware of comparative negligence laws before filing a claim. An owner would likely argue that you also share the blame, this may be because of the following reasons:
- The owner may argue that you were not paying attention to where you were walking. This normally happens in cases when a person is using their phone while walking.
- He may argue that you were in a restricted area of the property.
- You may have ignored any warning sign.
- You were wearing footwear that was not suitable for the terrain.
In such cases, the jury would analyze the argument and if the owner’s argument is accepted by the court, you will also be held partially responsible for the injury. If a jury decides that you are 20% responsible for the injury, your award will be reduced by 20%.
This practice is known as pure comparative negligence rule and is often applied in cases where both the parties share the blame for an injury.
Contact a Florida Slip and Fall Accident Lawyer at SP Justice
Check all the facts before filing a slip and fall injury claim and consult a slip and fall attorney if you are sure that you got injured mainly due to the property owner’s negligence.
The slip and fall injury attorneys of Shocklee Paolino are always ready to help you get the best possible compensation you deserve. Call them today at (727) 498-8771 for a free consultation.