The Challenges of Filing a Slip and Fall Claim in Florida
Slip and fall accidents form the basis of many personal injury claims. Most often, these accidents occur in public places and on the property of a business. However, they can also occur on someone’s private property. Florida law allows victims of slip and fall accidents to claim compensation for their medical expenses, lost income, and other damages they have incurred.
Unfortunately, these claims are not easy to file and Florida law does present some challenges to those that want to file one. Below are the two biggest challenges you may face in a slip and fall claim, and how to overcome them.
The Statute of Limitations
Like all states, Florida places a statute of limitations, or time limit, on slip and fall claims. Although there are some exceptions to this time limit, it is quite strict in most cases. According to the law, you have only four years to file your claim. Many people think this is a lot of time, but that kind of thinking is a mistake.
Before filing your claim, you must conduct a full investigation to determine who was liable for your fall. If your accident happened on public property or on the premises of a business, this is very challenging. You must also fully understand the full extent of your injuries so you can claim the full damages you deserve.
The steps you must take prior to filing your claim are time-consuming. You should speak to a lawyer that can complete them while you focus on your recovery as soon as possible after your accident.
Businesses Sometimes Have Limited Liability
Under Section 768.0755 of the Florida Statutes, businesses sometimes have limited liability. Specifically, this section of the statutes states that business owners have limited liability in some slip and fall cases that involve a transitory foreign substance. To hold the business owner fully liable in these cases, you must prove that the business owner knew, or should have known, about the substance.
For example, if you slipped and fell on a fresh spill in the grocery store, it may be difficult to prove the business owner knew, or should have known about the substance. It may be unreasonable in this instance to expect the business owner to know about every spill as soon as they happen.
On the other hand, if you were a regular customer at a restaurant and slipped on a spill from a cooler that regularly leaked, this may be easier to prove. If you told the business owner about the leak after noticing it and still slipped and fell, that could strengthen your claim even further.
Our Florida Slip and Fall Lawyers Can Overcome These Challenges
Slip and fall claims do present unique challenges, but at Eighmie Law Firm, P.A., our experienced Port St. Lucie slip and fall lawyers know how to overcome them. If you have been injured in a slip and fall accident, call us at (772) 905-8692 or fill out our online form to schedule a consultation and to learn more about how we can help you recover the maximum damages you deserve.