If you’re hurt in a slip and fall accident in Florida, it’s important to know what slip and fall laws apply in the case. You need to know what laws apply to know if you have a case, whether you will need a Tampa slip and fall attorney, and what you can expect to win.
Florida’s slip and fall laws are partly created by the legislature and partially created by the courts through case law. Here’s what you need to know about Florida slip and fall laws.
Florida’s slip and fall laws are Florida Revised Statutes 768.0755. The law states that to win a slip and fall lawsuit, the victim must prove that the business failed to remedy a dangerous condition. The victim must also show that the business had actual or constructive notice of the dangerous situation. Florida law allows the victim of a slip and fall to recover for a range of economic and non-economic damages, including medical bills, lost work, and pain and suffering.
Slip and fall laws in Florida are somewhat complex. Florida is only one of a few states that has detailed written slip and fall laws that were passed by lawmakers. The laws say exactly what a victim has to prove to win their case.
Under Florida laws, to win a slip and fall case, you must prove the following:
Florida’s law explains that there are a few ways that you can show that the property owner knew or should have known about the dangerous condition. First, you can show that the dangerous situation existed long enough that the owner should have found it. Second, you can show that the dangerous condition happened on a repeated basis so the property owner should have known about it for that reason. Third, you can show that the property owner actually knew about the dangerous condition and had a reasonable amount of time to fix it.
The written slip and fall laws codified by the legislature in Florida are not complete. No written law could ever cover every possible factual situation and legal wrinkle that could arise in a case. That makes it essential to keep Florida’s common law in mind when you evaluate any slip and fall case. The common law is the law created by judges, one by one, as the issues arise during real cases. The common law adds details like what types of damages you may recover for a slip and fall case. It also explains the statutory law in detail over time.
Florida’s slip and fall statutes are relatively new. So as you read Florida’s court opinions and compare them to your case, remember that a case may not still be relevant. While some court opinions are still good law, other cases are outdated and no longer applicable.
The statute of limitations for a slip and fall in Florida is four years. Florida law 95.11(3)(6) says that the victim of a slip and fall in Florida has four years from the date of the accident to bring their claim. The law applies to all negligence personal injury claims in Florida, including slip and fall cases.
Filing a lawsuit for slip and fall in Florida begins with a summons and complaint. The complaint must state the facts of the case and state that the case is based on Florida’s personal injury negligence laws. It’s up to the victim of the injury, also called the plaintiff, to initiate the lawsuit. They initiate the lawsuit by filing their claim in the appropriate court by the deadline. To file a slip and fall lawsuit in Florida, the plaintiff submits their summons and complaint to the appropriate court and pays the filing fee.
Another important part of slip and fall laws in Florida is the idea of comparative negligence. Comparative negligence is the legal concept that you can share fault for a slip and fall in Florida. The law recognizes that sometimes, both the property owner and the victim can have some responsibility for the accident. Fortunately for slip and fall victims, the law still allows you to recover something even if you’re partially at fault for an accident.
For example, you might slip and fall by tripping over an object that shouldn’t have been in your path. But you might have been running in a place where you should have been walking. In that example, Florida law still allows you to collect compensation for the slip and fall. However, your compensation may be reduced because of your own shared responsibility for the accident. Florida law 768.81 is the comparative negligence law that applies in slip and fall cases.
When you’ve been hurt in a slip and fall accident, the Jack Bernstein, Injury Attorneys legal team can help you understand Florida’s complex laws. Our team has the legal training to understand the statutory laws and common law that apply to the case. We can help you determine what you need to prove to win your case. Then, we help you take action. Our team can take all of the necessary steps on your behalf to ensure that you receive the fair compensation that you deserve for your claim.
A slip and fall case is complex, but you deserve justice. Come see why thousands of satisfied clients have relied on Jack Bernstein, Injury Attorneys, to get the compensation that they deserve. Your call is free. Call us today.