Accidents happen, but some might be preventable when owners take care of their property. Owners have certain responsibilities to visitors, like keeping the area free of hazards. They have a duty of care for those who enter the premises.
Torn ligaments and tendons are painful and can be painfully expensive. You have the right to seek reimbursement for your losses if a property owner was negligent in their duties. A Punta Gorda torn ligaments and tendons slip and fall injury lawyer can assist you in your pursuit of financial justice.
The Law Offices of Anidjar & Levine goes the extra mile for you. You worry about getting better. We take care of everything else. Call 1-800-747-3733 to speak to one of our representatives about your accident and injuries.
Slip and Fall Cases
The Centers for Disease Control and Prevention (CDC) states that one in five falls results in a serious injury. More than 800,000 people are sent to the hospital because of a fall injury. Tens of thousands of falls result in death, especially with older adults and other at-risk populations.
Common slip and fall injuries include:
- Torn or ripped tendons
- Torn or ripped ligaments
- Hip fractures
- Head and brain injuries
- Broken bones
- Dislocated joints
Your injuries could cost hundreds to thousands in medical bills. The damages you suffer from your accident might also include other financial and non-economic losses. Florida Statutes §768.81 lets you seek payment if you suffer injuries because of someone’s negligence. Negligence is the failure to take proper action or use reasonable care to reduce the risk of harm to others. Here are just a few examples of owners’ negligence:
- Not having railing on the side of stairs
- Not cleaning up a known spill
- Having inadequate lighting
- Leaving hazards on the floor
- Not posting warning signs
- Failure to keep up maintenance
You could have a case against the owner or manager of a location, whether it is private, commercial, or public property.
Premise liability for businesses includes making sure dangerous conditions do not exist for a significant time, such as a spill left for hours without being cleaned. Spills and similar hazards can occur regularly in stores, and the law might deem that the manager or owner should have foreseen this incident happening and acted appropriately.
The Responsible Party in Slip and Fall Incidents
If your torn ligament or tendon is the result of a property hazard, the owner may be legally responsible for your losses, such as medical bills and lost income. Property owners have a certain degree of duty to people who enter the premises.
The owner is liable for your losses if you had an invitation or implied invitation. For example, if a friend asked you over for a party or a business has an hours open sign, they are encouraging you to go onto the property.
Owners might also be responsible for your safety even if they did not know you were on the property, such as if you were walking across a parking lot after hours and slipped on ice. They have three duties for this type of individuals:
- Not intentionally endangering the public
- Giving notice or warning of dangers
- Not neglecting the property to the point of being hazardous
Even trespassers have legal protections. Owners have a responsibility to not intentionally cause them harm.
Call today to discuss your case with a member of our team at 1-800-747-3733.
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Establishing Negligence and Liability
Your Punta Gorda torn ligaments and tendons slip and fall injury lawyer will need to establish the owner’s liability. The following four parts of negligence must be proved:
- Duty of care is a legal obligation to avoid and reduce harm to others. Your legal team must show how the owner had a duty of care for you. For instance, when a business invites customers into its store, the organization has an obligation to have a hazard-free store.
- Breach of duty of care is when the liable party fails to uphold their responsibility to not harm others. If a business leaves a spill in an aisle for a long period, it can be liable for the consequences of a customer spilling.
- Causation refers to the cause of the incident and the role the victim and the liable party played in the accident. Even if you are partially at fault for the accident, the law may still require the owner to pay medical bills and other losses.
- Damages refer to the losses you experienced, such as paying for medical bills, lost income, and pain and suffering. Some of your damages might be economical, and others are non-economical.
The team at the Law Offices of Anidjar & Levine can fight on your behalf for the payment you need to help you or your loved one recover. Compensation for your losses can include:
- Your medical bills for your injuries suffered on the property. Your health care expenses include your initial treatment for the injury and any ongoing or upcoming fees, such as therapy, surgery, and rehabilitation.
- Lost income from your injuries forcing you to miss work. You can also request future lost earnings if your injury will keep you from returning to your job.
- Non-economic losses, like pain and suffering.
In many cases, your legal team will seek your compensation from the property owner’s insurance company.
How We Can Help You
Dealing with insurance companies and the defense’s representation can be overwhelming when you are recovering from a torn ligament or tendon. Your Punta Gorda torn ligaments and tendons slip and fall injury lawyer can negotiate and present evidence to support your case, such as:
- Photos and videos
- Eye-witness statements
- Medical records
Your team at the Law Offices of Anidjar & Levine can also pursue your case in court if a settlement amount cannot be reached. Give us a call at 1-800-747-3733 to discuss the details of your slip or fall.
