Any individual who sustains a slip and fall injury caused by the negligence of another party should be able to recover compensation for their losses. However, understanding the laws surrounding slip and fall incidents in Florida can be challenging. Here, we want to discuss which laws are pertinent to determining liability and securing compensation after a slip and fall injury occurs.
Personal Injury and Negligence Laws
In order for a person to recover compensation for their slip and fall injuries in Florida, they have to prove the negligence of the at-fault party. In Florida, this means looking at the following four elements:
- Duty. It is crucial to demonstrate that the at-fault party owed some sort of duty of care to the plaintiff. In the case of slip and fall incidents, this means showing that the property owner had a duty to ensure the safety of those who had a right to be on their premises.
- Breach. After a duty of care has been established, it is important to show that the property owner breached their duty of care to the plaintiff in some way. This could include a property owner knowing about a hazard that could cause an injury and failing to warn the plaintiff, or failing to promptly remedy the hazard.
- Causation. After a breach of duty has been established, it has to be shown that the breach directly caused the slip and fall incident.
- Damages. Finally, a person must have sustained some sort of bodily injury or property damage before they can file a lawsuit against the at-fault party to recover compensation.
Partial Liability Laws
It is not uncommon for insurance carriers and at-fault parties to push back against having to pay compensation by claiming that the plaintiff was the one who caused their own injury. However, Florida operates under what is called a “pure comparative negligence” system. Under this type of comparative negligence system, individuals can recover compensation for their injuries even if they are up to 99% at fault.
However, individuals who sustain injuries will receive reduced compensation if they are found to be partially at fault. For example, if an individual sustains $10,000 worth of medical bills as a result of the slip and fall injury, but they are found to be 20% fault because they were horseplaying and did not see the slip and fall hazard, they would receive $8,000 instead of a full $10,000.
Time Limit to File a Slip and Fall Accident Claim
Just like every other state, Florida has a set of laws that dictate how much time a person has to file a lawsuit in civil court. Florida’s personal injury statute of limitations is four years from the date an accident occurs. This means that an injury victim has a four-year timeframe with which to file a lawsuit against another individual or entity who they think caused their injury. There are various exceptions to this four-year statute of limitations, and you should speak to a skilled West Palm Beach slip and fall lawyer who can walk you through the best steps moving forward for your case.
Contact LaBovick Law Group for your free consultation.