Slip and fall incidents can cause serious and sometimes deadly injuries. When another’s negligence causes you to suffer a fall injury, an Indiantown slip and fall lawyer can assist you with a claim for legal recovery. Schedule your consultation with a dedicated personal injury attorney at Domnick Cunningham & Yaffa Law today if you believe you may have a valid claim for compensation.
Causes of Falling
While some falls are unforeseeable, some slip and fall incidents may stem from hazardous conditions. Common causes of trips and falls include:
- Uneven flooring or tile
- Wet floors
- Broken railings
- Cracked or split sidewalks
- Insufficient lighting
- Stair treads that are too narrow
- Cords or appliances in someone’s path
Slip and falls can occur anywhere, including restaurants, shopping malls, grocery stores, apartments, private homes, condos, or public areas like sidewalks.
Determining Liability in a Slip and Fall Incident
For an Indiantown slip and fall attorney to hold a renter, owner, manager, or party otherwise in control of property legally responsible for the victim’s injuries, the following components of negligence must be proven.
Duty of Care
First, it must be proven that the property owner or manager owed a legal duty of care to the injured party. For example, public places such as restaurants owe a duty to their customers to inspect and maintain the premises and warn guests of any hazards. Likewise, homeowners owe a legal duty to their guests to attend to dangerous conditions they know or should know about, or to at least warn their guests about these hazards. Ignoring the duty of care is the first element in determining liability.
Violation of the Duty of Care
Once a duty is established, the plaintiff must prove that the property owner or manager breached their legal obligation. If dangerous conditions existed that caused the victim to slip, fall, and suffer injuries, the owner or manager responsible for controlling and maintaining the property might be legally liable.
The plaintiff must show that this violation of the duty of care directly caused their injuries. Common slip and fall injuries include broken or fractured bones, traumatic brain injuries, spinal cord injuries, neck and shoulder injuries, and concussions.
Finally, it must be proven that actual damages or injuries were sustained. Slip and fall victims can recover financial compensation for damages, including medical costs, lost work wages, emotional distress, pain and suffering, and more.
Shared Fault in Indiantown Slip and Fall Cases
Under Florida Statutes §768.81, if an injured victim is found to share fault with the defendant for the underlying incident, they may still be entitled to compensation. However, any damages awarded in their case could be reduced by their percentage of liability.
For example, if a plaintiff was found to be 40 percent at fault for their slip and fall, they can still collect 60 percent of their total compensation amount. Furthermore, because Florida courts follow the pure comparative negligence rule, a plaintiff may recover financial damages even if they are more at fault than the defendant.
Statutory Filing Deadline
Individuals injured in an Indiantown slip and fall accident should consider consulting with a lawyer well in advance of the statutory filing deadline. The deadline to bring a personal injury lawsuit is four years from the date of the incident, as outlined under Fl. Stat. §95.11. If the victim delays and attempts to file a lawsuit after the statutory deadline has run out, the court could refuse to hear their case.
Speak with an Indiantown Slip and Fall Attorney About Your Case Today
If you have sustained injuries in a slip and fall incident, an Indiantown slip and fall lawyer can help you recover the compensation you deserve. An attorney at Domnick Cunningham & Yaffa can maximize your chances of achieving a successful resolution to your lawsuit and fight for the full range of financial damages which you may be owed.
Set up your no-obligation case consultation with an Indiantown attorney to get started with your claim today.
Speak to a member of our team today.