FAQ: Premises Liability Claim Questions

Are witnesses important in a Florida slip and fall case?

Witnesses can be very important in a slip and fall case. However, I would suggest that the more important thing to do better get photographs of the condition as it was when you had the slip and fall. It’s important to hire an attorney to do the investigation and make sure that all witnesses are contacted and all photographs are obtained.

Can I receive compensation from a Florida store where I was injured in a slip and fall accident?

You can make a claim and certainly receive compensation if it can be proven that the store itself was negligent, meaning that they did something they shouldn’t have done or didn’t do something they should have done. The best way to ensure that this happens is to document the condition as it was when you had the slip and fall.

How complicated are Florida slip and fall cases?

Although the medical issues aren’t particularly complicated, it’s simply a matter of looking at your medical expenses and records, the liability issues, meaning what caused you to fall and who’s at fault for that, are very complicated. It’s very important that you contact a lawyer to discuss these issues as quickly as possible to notify the at-fault party to try to preserve the scene if you can.

How long do I have to file a Florida slip and fall case?

In Florida, you have four years in which to file your lawsuit. However we recommend you not wait that long. Especially in a slip and fall case because the condition will change. The condition that is that caused you to fall. It’s important to bring your claim as quickly as possible to ensure the investigation can be done.

How quickly should I contact an attorney in a Florida slip and fall case?

You should contact an attorney as quickly as possible. Obviously, you want to get your medical treatment first, but soon after that, contact a lawyer. These types of cases are very difficult in terms of investigating the liability. It’s important to get on that as quickly as possible.

The property owner is likely to change the condition shortly after your fall. Getting photographs, taking measurements, hiring experts … all critical in slip and fall cases. The sooner you can get started on that the better it is for your case.

I was attacked in a dark parking lot Is the owner responsible for my injuries and damages?

It’s possible. It depends on what kind of security that had present and what knowledge they may have had. If there could have been crimes committed in the area, it’s important to have an attorney take a look at these cases, these negligent security cases and evaluate them for you.

Is the owner of a Florida business or other premises legally responsible for injuries sustained in a slip and fall accident?

They can be responsible if it’s determined that they did something they shouldn’t have done or didn’t do something they should have done in terms of maintaining the premises. An investigation is critical, hiring an attorney early on is also critical.

Should I give a statement to the Florida property or business owner’s insurance company if I was injured in a slip and fall?

We would recommend you not give a statement to the business owner or property owner where you had your slip and fall. Certainly we recommend you contact an attorney first to discuss this. If it’s decided that it may be beneficial to give the statement, you should certainly have that attorney present with you at the time.

Should I seek medical treatment if I was injured in a slip and fall?

Absolutely, and the sooner the better. If you’ve sustained injuries, you need documentation of those injuries. The longer you wait to get treatment, the more likely it is that the premises owner or business owner will make the argument that your injuries were not caused by the slip and fall, and were in fact caused by something which occurred after the fact. Before you obtained treatment.

Should I take any photographs if I was injured in a slip and fall?

Always, always take photographs. In slip and fall cases, especially, those photographs may make the entire case for you. Keep in mind the condition that caused you to fall is not going to be in existence by the time the case moves forward. If it’s a mess or water on the floor it will be cleaned up. Those photographs are critical to proving exactly what the condition was at the time you had the fall.

What compensation am I entitled to for a slip and fall injury in Florida?

In Florida you’re entitled to recover both for your loss of income as well as your medical expenses, and you’re also to entitled to recover for your physical pain and suffering, your mental anguish, inconvenience, loss of capacity to enjoy life, and these damages are from the date of the incident through the remainder of your life.

What duties do business owners have to inform of potential security hazards?

Business owners have a duty to inform of any security hazard of which they’re aware or should be aware of. It’s important for an attorney to take a look at your case to determine what they should have been aware of, and when they should have known it, to help prove your claim.

What if I am partially to blame for what happened in my Florida slip and fall?

Florida is a comparative negligence state. What that means is if you are injured and you are partially at fault, your damages will be reduced by that percentage of fault. For example, if a jury determines you’re 25% at fault in causing your fall, your ultimate damages will be reduced by 25%. It doesn’t mean you can’t bring a claim. It simply means your damages may be somewhat limited.

What is a negligent security claim?

These types of claims are usually brought arising out of hotels, apartment complexes or large parking lots, where the property owners fail to provide adequate or any security. As a result of that failure to provide the security, people are injured by the way of break-ins car-jackings even rapes or other types of assault. It’s important to have an attorney look at these cases to determine what the property owner should have done and determine if there is a claim that can be made.

When should I consult with a personal injury attorney following a Florida slip and fall?

It’s important to contact an attorney in slip and fall cases because the liability issues in the investigation need to be done as quickly as possible. The condition that caused you to fall may not exist anymore. It’s important to get an investigator out as quickly as possible to take photographs, measurements depending on what it was that caused you to fall, and attorney can best advise you on your rights.

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