Slip and fall accidents are one of the most common types of personal injury claims. When you are injured in a slip and fall on someone else’s property, you can recover under a theory of premises liability. Slip and fall accidents usually happen at commercial properties like stores or restaurants. Under Florida’s slip and fall laws, the victim must demonstrate that the property owner failed to address a dangerous condition on their premises.
When you are hurt in this type of accident, you need a competent Riverview slip and fall lawyer in your corner. Slip and falls can cause serious injuries and the burden of treatment may quickly overwhelm you and your family. Through a successful personal injury claim, you could recover the cost of their medical care, lost income or earning potential, pain and suffering, or other related losses. Contact Distasio Law Firm today if you were hurt in a slip and fall accident and are considering legal action.
Filing a Slip and Fall Lawsuit in Florida
Florida’s slip and fall cases are unique compared to other states. The legislature has codified what a slip and fall victim needs to prove to recover damages. To win a slip and fall lawsuit, injured parties must prove the following:
- They slipped on something;
- On someone else’s property;
- The substance was a dangerous condition;
- The property owner had actual or constructive knowledge of the hazard;
- A reasonable person would have addressed it;
- And they failed to fix the dangerous condition.
Slip and fall cases often depend upon what the property owner knew at the time of the fall. There are a few ways to demonstrate that the property owner knew or should have known about the hazard. One way is to prove that the dangerous condition existed long enough that a reasonable property owner would have discovered it. Injured parties can also show that the hazard happens regularly; thus, the property owner should be aware. The last way is to show that the property owner was aware of the danger and had a reasonable amount of time to address it. Consult a capable Riverview slip and fall attorney at Distasio Law Firm if you fell on someone else’s property and need help holding them accountable.
Comparative Fault in Slip and Fall Cases
A common issue that arises in slip and fall cases is comparative fault. Florida’s laws recognize that sometimes the victim is partially responsible for their injuries in addition to the property owner. In these cases, the victims can still recover even if they are partly responsible. The court will reduce the amount of compensation based on the injured person’s share of responsibility. A skilled slip and fall lawyer in Riverview—such as Scott Distasio—could help prove that your actions played no role in the accident that led to your injuries.
Contact a Riverview Slip and Fall Attorney at Our Firm
Under Florida Statutes § 95.11(3)(a), injured parties have two years to file their personal injury claim against the property owner responsible for their injury. However, it is always a good idea to consult an attorney early on while the incident is fresh in your mind. As time passes, obtaining the necessary evidence to support your case may be more difficult.
When you are injured in a trip and fall accident, you need a Riverview slip and fall lawyer to represent you. At Distasio Law Firm, our proactive attorneys can initiate a lawsuit on your behalf and negotiate for a fair settlement based on the nature of your injuries and the circumstances of the accident. Call today to speak with one of our committed legal professionals about your rights.
