When someone undergoes a fall, a physical recovery is not the only thing they have to worry about. The legal framework that governs the acts needs a clear understanding for all who have gone through these events. A lawyer that is specializes in trip and fall serving people from Florida and has experience in the said field, such as me, can definitely attest to the fact that being informed about the laws on premises liability can be extremely helpful to any injured party where liability corresponds to the compensation they receive.
The Foundation of Premises Liability in Florida
Premises liability laws in Florida detail the duty of a property owner, first and foremost to anyone who sets foot on the land or on the property. They segment the protection, applicable laws, based on the type of visitor, asking to exercise their due legal duty.
Invitees
Business visitors and public guests receive the highest level of protection under Florida law. Property owners must regularly inspect their premises, promptly address known hazards, and warn about dangerous conditions they should reasonably know about. This standard applies in locations like grocery stores, restaurants, and shopping centers where trip hazards like uneven walkways or obstacles in pathways can lead to serious injuries.
Licensees
Social guests and others who enter the property for their own purposes but with the owner’s permission are classified as licensees. Property owners must warn these visitors about known dangers that aren’t obvious, but aren’t required to regularly inspect their property. Your trip and fall attorney will need to demonstrate that the owner knew about the hazardous condition that caused your fall.
Trespassers
Those who enter property without permission receive limited protection, though property owners cannot intentionally create dangerous conditions. Special protections exist for child trespassers under the “attractive nuisance” doctrine, which may apply in some trip and fall scenarios involving children.
Common Dangerous Conditions in Trip and Fall Cases
As a trip and fall attorney, I frequently encounter cases involving specific hazards that property owners fail to address:
- Uneven surfaces including cracked sidewalks, damaged flooring, or unexpected changes in elevation
- Poor lighting in stairwells, hallways, or outdoor walkways that obscures potential trip hazards
- Missing handrails or guardrails that prevent recovery during a stumble
- Obstacles and clutter in walkways including merchandise, cords, or other items that create unexpected barriers
- Damaged or loose carpeting that catches footwear and causes falls
Each of these conditions can establish negligence when property owners fail to take reasonable steps to address them.
Florida’s Comparative Negligence Standard
An important aspect of Florida premises liability law is the state’s comparative negligence standard. This means your compensation may be reduced by the percentage of responsibility you bear for your own accident. Insurance companies often try to leverage this by claiming you weren’t paying attention or were wearing inappropriate footwear.
Your trip and fall attorney will counter these arguments by demonstrating the property owner’s greater responsibility through evidence like:
- Photographs of the dangerous condition
- Surveillance footage of the incident
- Witness statements confirming the hazard existed
- Records showing the owner knew about but failed to address the problem
- Expert testimony about proper maintenance standards
Also read: Augusta Precious Metals Lawsuit: Should You Still Trust Them With Your IRA?
The Critical Two-Year Timeline
Perhaps the most important legal knowledge for trip and fall victims is Florida’s statute of limitations. You have just two years from your accident date to file a personal injury claim. This relatively short timeframe makes prompt consultation with a trip and fall attorney essential to preserve critical evidence and protect your legal rights.
Securing Fair Compensation
Apprehending the snaps of premises liability laws assists the victims in determining the damages that they can be awarded, and those may include:
- Medical expenses (both current and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation costs
An experienced Kaneer Romanello Law trip and fall attorney in Florida will evaluate your case under Florida law in order to ascertain that there are no damages left out. This standing of law is very helpful when it comes to negotiations with insurance companies, as they normally use the victims’ legal ignorance as a bargaining tool to lower the amounts of settlements.
