Walking in public or even private areas should be uneventful, but slip-and-fall accidents happen all too often. If you have suffered injuries in such an incident in Titusville, Florida, you may be entitled to compensation.
Legal Definition of Slip-and-Fall Accidents in Florida
According to Florida Statute 768.0755, when a person suffers a slip-and-fall at a public place, they have the right to sue. However, they must prove the property owner knew about the dangerous condition.
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Common Causes of Slip-and-Fall Accidents in Titusville, Florida
Slip-and-fall accidents in Titusville, Florida can happen in various ways. The most common causes are wet surfaces, uneven surfaces, cracked sidewalks, potholes in parking lots, uneven tiles or flooring, poor lighting, debris and obstacles, weather-related hazards, lack of proper maintenance, inadequate warnings, poorly designed staircases, theme park and attraction hazards and beach and waterfront hazards.
Wet Surfaces
If a floor is wet due to spills or recent mopping, it should be addressed to prevent disaster. This can be done by cleaning up a spill or placing warnings around a mopped floor.
Uneven Surfaces
Uneven surfaces such as broken floorboards, loose rugs or tattered carpeting create danger for walking. A slip-and-fall accident and injuries can occur.
Cracked Sidewalks
Cracked sidewalks are one of the biggest causes of slip-and-fall accidents. If the pavement is unsafe, the owner must arrange for repairs or mark the area with warnings.
Potholes in Parking Lots
Property owners must ensure parking lots are in good condition, or accidents can happen. If there are potholes, people can misstep, fall and suffer injuries.
Uneven Tiles or Flooring
Uneven tiles or flooring in disrepair can cause slip-and-fall accidents. Property owners must ensure floors are in good condition and safe for walking.
Poor Lighting
Poor lighting in common walking areas, stairways or outside an establishment makes it difficult for people to see. This can lead to falls and serious injuries.
Debris and Obstacles
Debris or obstacles cluttering walkways can cause slip-and-falls. If construction or cleaning is ongoing, warnings should be posted, and trip hazards should be out of the way.
Weather-Related Hazards
Floors and outside areas slick from rain and other weather-related hazards easily cause slip-and-fall accidents. Walking areas must be cleaned and dried to prevent disaster.
Lack of Proper Maintenance
Business properties and other public areas must be safe to prevent accidents. When proper maintenance is lacking, it can cause accidents and injuries.
Inadequate Warnings
If any dangerous condition exists in a business or residence, the owner or manager must post warnings. Inadequate warnings are insufficient in protecting visitors.
Poorly Designed Staircases
Some of the worst slip-and-fall injuries occur on poorly designed staircases. Property owners must ensure these areas are well-built and sturdy to prevent falls.
Theme Park and Attraction Hazards
Slip-and-fall accidents at theme parks and attractions often happen in non-ride areas. For example, bathrooms can be slippery from floods and the ground can also be sticky from spilled food and drinks.
Beach and Waterfront Hazards
Slip-and-fall accidents can occur because of beach and waterfront hazards. Obstacles or slick areas can cause someone to lose their balance and fall.
Types of Injuries Resulting from Slip-and-Fall Incidents in Titusville, Florida
Certain types of injuries commonly result from slip-and-fall incidents in Titusville, Florida. They include fractures and broken bones, head injuries, soft tissue injuries, back and spinal cord injuries and shoulder injuries.
Fractures and Broken Bones
Slip-and-fall accidents can result in broken bones, and the elderly are most susceptible. Osteoporosis makes fractures more likely, but anyone can sustain a break based on their fall.
Head Injuries
Head injuries are common in slip-and-fall accidents. They’re more likely to happen if you don’t have enough time to brace yourself.
Soft Tissue Injuries
Slip-and-fall accidents often result in soft tissue injuries. A person can suffer a torn muscle, ligament or tendon and not immediately realize they’ve been injured.
Back and Spinal Cord Injuries
A slip-and-fall can cause someone to fall backward. This can result in pain and swelling in the back or neck. A spinal disc can become dislodged, worn or even broken, causing severe pain.
Shoulder Injuries
When a person slips and falls, they can injure their shoulder. This can manifest as a dislocation or torn rotator cuff, which can be debilitating.
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Florida Slip-and-Fall Laws
To understand Florida’s slip-and-fall laws, you must know some facts. They include Florida’s premises liability laws, the statute of limitations and comparative negligence.
Florida’s Premises Liabiliity Laws
Florida’s premises liability laws require property owners to have constructive knowledge of unsafe conditions to prevent slip-and-fall accidents. Action must be taken to correct the problem, or property owners can be liable for accidents.
Statute of Limitations for Slip-and-Fall Claims in Florida
According to Florida Statute 95.11, the statute of limitations for slip-and-fall claims is two years. Filing timely ensures your case gets heard.
Comparative Negligence in Florida Slip-and-Fall Cases
According to Florida Statute 768.81, comparative negligence laws apply in slip-and-fall accidents. A person can still claim damages if they’re considered under 50% at fault for the incident.
Proving Liability in Slip-and-Fall Cases
Liability must be proven in slip-and-fall cases. To do that, you must establish property owner negligence, demonstrate unsafe conditions and understand the importance of documentation and witness statements.
Establishing Property Owner Negligence
To establish property owner negligence, you must prove unsafe conditions on the premises. You must also show that the owner failed to warn of potential dangers or take corrective measures.
Demonstrating Unsafe Conditions
You must demonstrate that unsafe conditions caused your injuries. This means showing evidence that something specific resulted in a slip-and-fall accident.
Importance of Documentation and Witness Statements
After a slip-and-fall, it’s important to document everything. This means taking photos showing the unsafe condition and your injuries and journaling. Witness accounts can also strengthen your claim.
Compensation in Slip-and-Fall Cases in Titusville, Florida
There are various forms of compensation in slip-and-fall cases. You may get economic, noneconomic and even punitive damages.
Types of Damages Available
Different types of damages are available in slip-and-fall claims. They include medical expenses, lost wages and pain and suffering.
Medical Expenses
Medical expenses are common damages from slip-and-fall cases. These can be hefty if your injuries are moderate or severe.
Lost Wages
Some slip-and-fall injuries are serious enough to prevent you from working. This entitles you to recover lost wages.
Pain and Suffering
If your slip-and-fall injuries have led to chronic pain, loss of enjoyment of life and other issues, you can claim pain and suffering. These are noneconomic damages that have no set price tag.
Some of the Factors Affecting Compensation Amounts in Florida
Certain factors affect compensation amounts in Florida slip-and-fall cases. They are severity of injuries, medical expenses, lost wages and earning capacity, property owner’s degree of negligence, comparative negligence, documentation and evidence, age and preexisting conditions of the victim, pain and suffering, insurance policy limits, strength of the liability claim and punitive damages in severe cases of negligence.
Severity of Injuries
Injury severity impacts how much a victim can recover. Worse cases garner higher compensation.
Medical Expenses
The worse the injuries, the more a victim has in medical expenses. This affects compensation in slip-and-fall cases.
Lost Wages and Earning Capacity
Some injuries prevent victims from working. Lost wages and earning capacity equates to higher compensation.
Property Owner’s Degree of Negligence
Legitimate slip-and-fall cases involve evidence showing a property owner’s high degree of negligence. This can increase the victim’s settlement.
Comparative Negligence
Compensation varies when a victim is found partially responsible for an accident. Comparative negligence law reduces their asking amount by their percentage of fault.
Documentation and Evidence
Ample documentation and evidence in a slip-and-fall claim can make a big difference. It can result in higher compensation.
Age and Preexisting Conditions of the Victim
The victim’s age and preexisting conditions affect compensation in slip-and-fall accidents. Some may get more or less money.
Pain and Suffering
Pain and suffering damages are recoverable when the effects of an injury linger and affect your daily life. This can increase your compensation.
Insurance Policy Limits
Many slip-and-fall accident claims involve insurance companies. If an insurer’s policy limits reduce what the victim seeks, they must file a lawsuit to recover the difference.
Strength of the Liability Claim
A strong liability claim shows that the property owner demonstrated negligence. If your claim is strong, you’ll recover higher compensation.
Punitive Damages in Severe Cases of Negligence
If the property owner exhibited severe negligence in your case, you may receive punitive damages. This can significantly increase your compensation.
Importance of Choosing the Right Titusville Slip-and-Fall Lawyer
Choosing the right Titusville slip-and-fall lawyer can make a difference in your case. They have legal expertise and knowledge of local laws, know how to investigate and gather evidence, have negotiation abilities and can represent you in court.
Legal Expertise and Knowledge of Local Laws
The right attorney has expertise and knowledge of local laws. This benefits your slip-and-fall case.
Investigation and Evidence Gathering
Sometimes, the facts of a slip-and-fall are unclear. Your lawyer can use an investigative team and gather evidence to determine what happened.
Negotiation with Insurance Companies
Slip-and-fall lawyers know how to negotiate with insurance companies. They know the tricks adjusters use with injured victims and will fight to get you the best settlement.
Representation in Court Proceedings
The best Titusville slip-and-fall attorney knows how to represent you in court. If your case fails to settle through negotiations, it moves to trial, and your lawyer can give you an edge.
The Importance of Hiring an Experienced Slip and Fall Lawyer in Titusville, Florida
Have you suffered injuries from a slip and fall incident in Florida? The legal team at Andrew Pickett Law is ready to fight for your case and pursue the compensation you’re entitled to. Reach out for a no obligation case evaluation by calling our office or using our online contact form. We’ll set up a free consultation with our lawyers to review your situation and discuss potential legal strategies.
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