One moment, you’re taking a walk through a business, shopping or running errands. The next, you’ve fallen, and now you’re seriously injured. Those injured in a slip-and-fall accident that took place on another property deserve the right to recover compensation for the damages sustained.
When you’re hurt in a serious slip-and-fall accident, you may have grounds for a lawsuit, but how do you sue a business for your injuries? Reach out for guidance on your claim and how to sue a business.
It is important that you prove who was at fault for the slip-and-fall accident. Just slipping and falling while on someone else’s property does not automatically mean you deserve compensation. You have to prove that it was the negligence of the property owner that led to the injuries.
The business in question may be a hotel, store, or restaurant, and generally, the person harmed is a customer or client of the business. Under the slip-and-fall law in Florida, the customers inside these establishments are known as invitees. These invitees are supposed to receive the highest duty of care from the owner.
Duty means that the business provides reasonable efforts to keep the premises clear of any dangers or defective areas. If a dangerous condition exists, it is the duty of the owner to warn invitees of the dangers. This is to ensure that accidents do not happen on the premises.
The plaintiff has to also prove that the accident would not have occurred if the owner did not breach their duty of care. This has to be shown that the accident was a foreseeable result due to the conduct of the property owner.
Know the State Laws Impacting Your Claim
According to Florida law, if you have a slip-and-fall claim, you only have a limited amount of time to file the lawsuit against the liable parties. In Florida, you have four years from the time you slipped and fell to file a lawsuit.
In some cases, you may be accused of partial fault, which means the at-fault party wants to place part of the blame on your actions and not their negligence. Florida has a comparative fault system which means that, if you accept partial fault for the accident, your compensation may be reduced. You may need to speak with your lawyer to avoid taking responsibility for the accident.
Florida also uses a pure comparative fault system. That means you’re able to recover funds even if you’re partly responsible for the accident. Even if you were 90 percent responsible for the accident, you can still recover the 10 percent of the compensation you’re entitled to.
Seek Out a Slip-and-Fall Attorney
When you’re hurt in a slip-and-fall accident, you need the right lawyer on your side for a successful claim. We can provide the information you need to take your claim to court and get the funds you’re due for your injuries and damages. Our attorneys here at Lopez & Humphries, PA can answer your questions about your lawsuit.
We can even get started with a free consultation. All you have to do is call 863-709-8500 or fill out the online contact form below to learn more about our services.