I wasn’t sure if there was a hazard, can I still hold the property owner liable?
Maybe. Property owners must inspect their premises for hazards regularly. If a dangerous condition persists long enough that the owner should have known about it, they could be liable. This holds true regardless of your awareness.
What if there was a “Wet Floor” sign, but I still fell?
A warning sign doesn’t automatically absolve the property owner of responsibility. The key is whether the sign was adequate. For instance, a small, poorly placed sign might not be enough to fully warn visitors of the hazard.
I slipped and fell, but it’s partly my fault. Can I still recover compensation?
Florida follows a comparative negligence law. This means the court will determine the percentage of fault for both you and the property owner. You can still recover compensation, but your award will be reduced by your percentage of fault. For example, if the court finds the property owner 70% at fault and you 30% at fault, you would receive 70% of your total damages.
How long do I have to file a slip and fall lawsuit in Florida?
The statute of limitations in Florida for personal injury claims, including slip and fall accidents, is generally four years from the date of the accident. This means you typically have two years to file a lawsuit. It’s crucial not to wait – evidence can disappear, and witness memories can fade over time. Consult a lawyer as soon as possible.
What if I wasn’t necessarily on public property when I fell?
Slip and fall accidents can happen anywhere, not just in public spaces. Here are some scenarios:
- Private Residence: If you come to a friend’s house and slip and fall due to a broken step they were aware of but didn’t fix, you might have a case.
- Retail Stores: Wet floors, uneven walkways, or cluttered aisles in stores can lead to slip and fall accidents. The store owner might be liable if they fail to address the hazard or warn customers.
- Workplace: If you slip and fall at work due to a hazard, you could qualify for workers’ comp benefits.
Can I recover compensation if the property owner is a friend or family member?
Friendship or family ties don’t necessarily stop you from filing a claim. However, it’s important to be clear about your intentions and navigate the situation delicately to avoid straining the relationship. An experienced Hallandale Beach slip and fall lawyer can advise you on the best course of action.
What if I have pre-existing medical conditions?
Pre-existing conditions don’t necessarily bar you from recovering compensation. The key is to prove that the slip and fall worsened your pre-existing condition. A piece of crucial evidence can be medical records documenting your condition before the fall.
I’m filing a claim against the property owner’s insurance. What should I do?
Contact the property owner and report the accident. Gather evidence like photos and witness information. Consult a personal injury lawyer who can handle communication with the insurance company and fight for fair compensation.