Slip & Falls

If you were injured during a slip and fall on the property of someone else, you'll want to seek out any opportunity available to receive compensation. Right off the bat, you can either file a claim with the property owner's insurance company or you can file a personal injury lawsuit. There are several laws you'll need to take into consideration, but there are a couple that are of utmost importance: the statute of limitations and comparative negligence.

Florida  Law: Statute of Limitations for Slip & Fall Accidents

In case you're not familiar with the term, a statute of limitation is the amount of time you have to file a lawsuit. Think of it as your deadline. If you don't file a lawsuit by the deadline, your case will be dismissed. For slip and fall cases, you have four years from the date of the injury to file a lawsuit — be it for personal injury (broken arm, sprained ankle, etc) or property damage (cracked phone, a broken watch, etc). From a professional standpoint, it's in your best interest to file a lawsuit as soon as possible. Doing so will give you more time in case you have to go to court if the property owner isn't willing to settle.

Do you need a slip and falls attorney?

Schedule a Consultation

Florida Law: Comparative Negligence for Slip & Fall Injuries

It goes without saying that the property owner will most likely dispute his or her responsibility for your injuries, or at least part of it. In the state of Florida, there is a law known as comparative negligence in which some your injuries can actually be ruled to be your own fault. Some situations in which this could happen include (but aren't limited to):

  • You were trespassing on all or part of the property.
  • You were walking while distracted.
  • You weren't wearing the right kind of shoes.
  • There were signs, cones, ropes, etc. blocking off the area you were on.
  • You didn't use common sense to avoid obvious danger.

If the court rules that you do share some part in the injuries you sustained, the percentage of your fault will be deducted from your total reward. For example, if you are rewarded $20,000 and it's deemed that 10% was your fault (which would be $2,000 of your reward), you'll receive $18,000 instead. The thing about comparative negligence that's important to remember is that it applies even if your case doesn't go to trial. That being said, don't be surprised if your settlement offer is partially based upon comparative negligence and the part you played in getting injured. For this reason, it's imperative to hire a personal injury attorney who is well-versed in premises liability and who is no stranger to how slip and fall cases work.

Florida Slip & Falls Attorney

If you need a slip and falls attorney in the Coral Gables, Florida area — don't hesitate to get in touch with the Law Office of Gregg Pessin. Our team has over 35 years of experience when it comes to handling cases just like yours. Slip and fall law can be tricky, but our expertise can bring ease into the process. Schedule a consultation with us today.