Slip-and-fall accidents commonly cause injury in Melbourne, Florida. Even when you’re cautious, they can happen without a moment’s notice. If you sustained injuries after a slip-and-fall, you may be entitled to compensation. The following information can help you get started.
Why You Need to Seek Legal Representation from a Slip-and-Fall Lawyer in Florida
If you’ve been injured in a slip-and-fall accident in Florida, you need legal representation from an attorney experienced in such cases. It gives you a better chance of a successful outcome and satisfactory compensation for your damages.
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Understanding Slip-and-Fall Accidents in Melbourne, Florida
Florida slip-and-fall accidents are often complex, and different factors are involved. They include the definition of such accidents, premises liability, different standards of care, comparative negligence, notice requirement, statute of limitations and expert testimony.
Definition of Slip-and-Fall Accidents
A slip-and-fall accident occurs when someone falls and sustains injuries on another’s property. Different factors can cause this, but many situations make property owners liable.
Premises Liability
According to Florida Statute 768.0755, if a person suffers a slip-and-fall on a transitory foreign substance visiting a business or other establishment and becomes injured, they must prove liability. They must demonstrate that a dangerous condition that existed long enough caused the accident. There is also a notice requirement for property owners.
Notice Requirement for Property Owners
The notice requirement for property owners refers to the duty the owner has to rectify a dangerous condition on their premises. Notice can either be actual, where the owner knew about the hazard, or constructive, which means they should have known about the dangerous condition.
Different Standards of Care
Slip-and-fall accidents carry different standards of care. Property owners owe a duty of care to visitors to ensure their safety while visiting said property. They must clear their premises of dangerous conditions to prevent accidents and injuries. When they breach that duty, it can cause a slip-and-fall and cause injuries to three groups: invitees, licensees or trespassers.
Invitees (e.g., Customers, Clients)
Invitees such as customers or clients are owed the highest duty of care to maintain the premises in reasonably safe condition. Property owners must check their premises beforehand to ensure their safety.
Licensees (e.g., Social Guests)
Licensees are those invited to a property for social or business purposes. They are owed a duty to warn of known dangers or to correct dangerous conditions, respectively.
Trespassers
A trespasser lacks the legal right or permission to enter a property. They are owed a minimal duty of care, with exceptions for intentional harm or gross negligence.
Comparative Negligence
According to Florida Statute 768.81, comparative negligence laws allow an injured party to recover compensation for an accident partially their fault. A person can file a claim for damages if they’re less than 50% responsible for such a situation. This can impact slip-and-fall cases.
Notice Requirement
Notice requirement means that someone injured in a slip-and-fall accident must establish that the property owner knew or should have known about the dangerous condition on their premises. The owner’s knowledge can be actual or constructive.
Statute of Limitations
According to Florida Statute 95.11, the statute of limitations for actions involving negligence is two years. This means a slip-and-fall claim or lawsuit must be filed within two years of the accident.
Expert Testimony
If facts of a slip-and-fall are unclear, expert testimony can help establish how it happened. This can help strengthen the case.
Common Causes of Slip-and-Fall Accidents in Melbourne, Florida
Certain situations cause slip-and-fall accidents in Florida. Below are some of the most common ones:
Wet or Slippery Floors
Wet or slippery floors from mopping, waxing or spilling cause a slick surface, which can result in slip-and-fall accidents.
Uneven Surfaces
Uneven surfaces can cause a person to trip and fall. This can happen indoors or outside.
Poor Lighting
Poor lighting makes it difficult to see and can cause slip-and-falls. Common walking areas should be well-lit to prevent accidents from happening.
Loose or Torn Carpeting
Loose or torn carpeting can cause a person to slip, trip and fall. Property owners must ensure carpets are properly secured and in good condition to prevent accidents.
Cluttered Walkways
Clutter can cause trip hazards and slip-and-falls. Walkways must be kept clear so people can safely proceed.
Lack of Handrails or Guardrails
Stairwells lacking handrails or guardrails present a danger and can cause a person to trip. Property owners must ensure such structures exist and are in good condition to prevent falls.
Environmental Factors
Rain is the most common environmental factor causing slip-and-fall accidents outside a property. Owners must cordon off the area with cones or warning tape to inform visitors of the potentially dangerous condition.
Inadequate Maintenance
Inadequate maintenance can cause a slip-and-fall when a property owner knows about a dangerous condition on their premises.
Lack of Proper Signage or Warnings
Dangerous areas on a property must be marked off with proper signage or warnings, or accidents can happen. Property owners who neglect this step can be liable if someone falls and suffers injuries.
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Types of Injuries That Can Result from a Slip-and-Fall Accident in Florida
Certain injuries commonly result from slip-and-fall accidents in Florida. These are listed below (but by no means an exhaustive list):
Head Injuries
A slip-and-fall can cause head injuries when someone falls backward or on their side. This can range from a mild concussion to a severe brain injury.
Spinal Cord Injuries
Slip-and-fall accidents can cause spinal cord injuries. These are more common in older individuals, especially those with osteoporosis but can affect anyone depending on their fall.
Broken Bones
Victims can suffer broken bones from slip-and-fall accidents. Wrists, arms, legs or ankles are most commonly affected.
Soft Tissue Injuries
Soft tissue injuries affecting the ligaments, muscles or tendons can occur in a slip-and-fall. Some are severe enough to require surgery.
Back and Neck Injuries
Back and neck injuries often develop from slip-and-falls. A person can suffer a slipped disc or bruised vertebrae and be left with chronic pain and limited range of motion.
Shoulder Injuries
Shoulder injuries like a dislocation or torn rotator cuff can occur after a slip-and-fall accident. Both can be debilitating and require extensive treatment, including physical therapy.
Cuts and Lacerations
Cuts and lacerations are common slip-and-fall injuries. Those deep enough may require surgery.
Internal Injuries
In severe slip-and-fall accidents, victims can suffer internal injuries. There may be bleeding, signifying damage to organs. These injuries are medical emergencies.
Damages and Compensation in Slip-and-Fall Cases in Melbourne, Florida
Florida slip-and-fall cases result in damages you can claim. These are listed below (but may differ from case to case):
Medical Expenses (Past and Future)
You can recover past and future medical expenses in a slip-and-fall claim. If your injuries are moderate to severe, you may need continuous treatment and rehabilitation.
Lost Wages and Earning Capacity
If your slip-and-fall injury makes you miss work, you can recover compensation for lost wages and earning capacity.
Pain and Suffering
Some slip-and-fall injuries cause continuous pain and suffering. If the accident has caused this, you’re entitled to compensation.
Emotional Distress
Emotional distress is a noneconomic damage sometimes suffered in slip-and-falls. If your accident interferes with your daily life due to emotional distress, you may be able to claim compensation for it.
Punitive Damages (In Cases of Gross Negligence)
If gross negligence caused your accident and injuries, the jury may decide to award punitive damages. This is to punish the defendant rather than make the plaintiff whole.
Why You Need an Experienced Slip and Fall Lawyer in Melbourne, Florida
If you’ve been injured due to a slip and fall accident in Florida, the attorneys at Andrew Pickett Law are prepared to fight on your behalf and secure the compensation you rightfully deserve. Get a free consultation by calling our office or submitting your details through our online contact form. We will arrange a free, no-obligation consultation with our attorneys to discuss your case and explore your legal options.
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