Every year, millions of older adults require medical care for injuries from falls. Although older adults are more vulnerable, slips and falls also affect children and younger adults. Retail workers risk suffering slip and fall injuries, and consumers can also be injured. Injuries from falls are the top reason people seek emergency room medical treatment, sending more than eight million people to ERs each year.
Whether you’re a business owner or manager or a homeowner, you could be liable for slip and fall injuries on your property. Whether you’re a guest, employee, or patron, you could qualify for compensation if you’re injured in a slip and fall accident on another person’s property. Learning about Florida slip and fall laws can help you understand how to prevent slip and fall accidents, limit your liability, or know if you have grounds to pursue a slip and fall lawsuit.
What are the slip and fall laws in Florida?
Both property owners and managers are responsible for ensuring their property is safe. When a person visits their property and has an accident, the accident victim may have grounds to sue the business or property owner for damages. To win their case, the injured person must prove that the property manager or owner knew or should have known about the safety risk that caused their slip and fall accident.
The victim must demonstrate that the property manager or owner did not take appropriate steps to address the hazard. Suppose two people go to a store during a storm. The heavy rain causes water to build up at the store’s entrance. Since the store had glass windows along the front and the weather conditions were visible, it’s reasonable to conclude that management should be aware of the wet floors. They instruct an employee to mop up the excess water and put signs by the entrance so people know the floor is wet.
The store’s roof is also leaking due to the heavy rainfall. This isn’t the first time the store’s roof has leaked, but the property owner doesn’t want to pay for a new roof. The store’s managers don’t have staff put up signs or mop the floor.
Person A slips and falls at the store’s entrance. Person B slips on water from the leak inside. In this scenario, Person A may have a harder time proving the store is liable because the store took reasonable steps to warn customers and tried to eliminate the hazard.
However, a Tampa slip and fall lawyer representing Person B can argue that the store’s management should have known about the leak because it’s a recurring issue. They can also argue the store should be liable because they didn’t take steps to warn customers or fix the problem.
What is the statute of limitations for personal injury slips and falls in Florida?
Suppose you were in a slip and fall accident in Tampa. Your injuries include a traumatic brain injury (TBI) and spinal cord injury (SCI). You require hospitalization and long-term treatment. Your focus is on your recovery, and several months go by before you consider whether you have a legal case. At that point, you’re unsure if you can initiate a lawsuit.
Each state sets a time limit for pursuing legal action. This is called a statute of limitations, and it determines how long people have to press charges or file a lawsuit. Florida’s statute of limitations for slip and fall cases is four years.
The best way to ensure you can pursue your lawsuit is to hire a Tampa slip and fall attorney and have them file your case before the 1,461st day after your accident.
Can you sue your apartment complex for a slip and fall in Florida?
Slip and fall accident victims can sue any negligent property owner in Florida. This includes landlords, store owners, and homeowners. Victims of slip and fall accidents must establish who is at fault when filing their lawsuits. In some cases, the responsible party could be the property’s owner. It’s also possible that the tenant may be liable for a guest’s injuries.
What is the average slip and fall settlement in Florida?
Each slip and fall case is unique. While many result in settlements of up to $50,000, cases involving severe injuries could result in significantly larger settlements. Jack Bernstein, Injury Attorneys have helped slip and fall victims receive hundreds of thousands in compensation after an accident. Some of our highest settlements include $500,000 for a person suffering head injuries, $650,000 for a slip and fall victim who suffered neck injuries, and $1,750,000 for a person who suffered burns.
Related: How Long Do Slip-and-Fall Settlements Take?
How a slip and fall lawyer can help after your accident
Our slip and fall attorneys can answer your questions and prepare your legal case. We’ll use our legal knowledge to hold the liable parties responsible for your injuries and strive to get you the compensation you deserve.
Sources:
Facts About Falls. (2023).
Goguen, D. (2023). Florida Slip and Fall Laws.
Slip and Fall Quick Facts. (2023).
Young Retail Workers. (2018).