Sustaining an injury in a slip and fall accident can have a detrimental effect on your everyday life. Medical expenses, pain and suffering, and the loss of income stemming from an inability to work are all damages that may be recoverable because of a property owners’ negligence.
A professional personal injury attorney could conduct the necessary investigation into the responsibility of the property owner to their visitors and bring a claim for negligence to help compensate you for your losses. Do not hesitate to get in contact with a Bradenton slip and fall lawyer today.
Filing a Timely Claim for a Slip and Fall
To begin the process of recovery for a slip and fall injury, the injured party must file a complaint or claim. The complaint or claim may specifically allege that the store or property owner was negligent by:
- Permitting a dangerous or hazardous condition on its premises
- Failing to inform invitees to the property or store of the dangerous condition
- Failing to take measures to remedy the condition
According to Fla. Stat. § 768.0755, the store or premises owner may have a duty to take steps to mitigate a hazardous condition in circumstances where the condition occurred on a regular basis. This statute may also imply a duty if the condition existed on the property for a specific period. A Bradenton slip and fall lawyer could help craft a complaint or claim in compliance with this and other laws depending on a particular accident.
In addition to content, any complaint or claim for injury following a slip and fall accident is governed in Florida by the statute of limitations. Under this law, a claim must be made within four years from the date of the fall under Fla. Stat. § 95.11. Filing a claim outside of this period may prohibit recovery.
Responsibilities of Property Owners
Falling in a store or public space may not be enough evidence to bring a civil tort claim in Florida for premises liability. For the property owner to be found culpable for a victim’s damages, the injured party has a burden to prove that the property owner had knowledge of whatever dangerous or hazardous condition caused the injury.
For example, if a patron of a grocery store slipped and fell in a puddle of liquid, the injured patron may have the burden of proving the grocery store knew about the puddle on the floor. Specifically, Fla. Stat. § 768.0755 dictates that the property owner must have possessed actual or constructive knowledge of the existing hazard to be found liable for any resulting damages. A Bradenton slip and fall lawyer could further advise how to prove a business had constructive or actual knowledge of the condition on its premises.
How a Bradenton Slip and Fall Attorney Can Be an Ally
Sometimes you may be partially to blame for a slip and fall accident. This feeling of partial responsibility should not deter a potential claim, however, as Florida affords avenues of recovery even if you were partially at fault. While partial fault will not bar recovery, it may reduce the number of recoverable damages.
Whatever your circumstances, contact a Bradenton slip and fall lawyer today to discuss your accident. They could help you bring a proper and timely claim and hold the store or property owner responsible for your damages.