If you suffered injuries from a trip, slip, or fall in a Martin County, FL, public places such as a restaurant, park, or supermarket a slip and fall accident lawyer can help you take legal action against the property owner to recover the cost of treating your injuries.
The Law Offices of Anidjar & Levine may be able to help you navigate through Florida’s legal system. Our team will help you determine whether you should file a claim with the property owner’s insurance company or take your claim to court with a civil lawsuit. We can explain your rights, how best to proceed, and most importantly, how to get the care you need to treat your injuries.
We know how overwhelming and upsetting it can be if you have been a victim of a slip, trip, or fall. An injury to yourself or your loved one is a traumatic experience — not to mention the tragedy of an accidental death. According to Florida Statute, you have four years from the time of a personal injury accident to file a lawsuit and have your case heard in the civil court system. In the case of wrongful death, you have two years from the time of the accident to file.
We can get started today. Call us at 1-800-747-3733 for a free case evaluation.
How to Determine Whether the Property Owner Was Negligent
When you are the victim of a trip, slip, or fall, you are not automatically entitled to compensation from the property owner. There are a number of factors a slip and fall lawyer will want to help you consider:
- Was the slippery or dangerous surface caused by the property owner or an employee?
- Did the property owner or employee know about the dangerous surface but do nothing about it?
- Would a reasonable person taking care of the property have discovered and removed or repaired the surface and thereby reduced the chance of slip, trip, or fall?
- If you tripped or slipped over an object on the ground or floor, was there no legitimate safety or business reason for it to be in that location?
If the answer is yes to any of these questions, a slip and fall accident lawyer in Martin County, FL, may be able to help you receive compensation for your injuries.
Common Defenses Against Slip and Fall Lawsuits
Your slip and fall lawyer can help you prepare for the strategies the property owner is likely to use in an attempt to limit their liability for your injuries. They may argue that your footwear was inappropriate, that the hazard was obvious, that you were distracted by your phone or other people, or that the hazardous area was appropriated market or cordoned off.
If the property owner puts forth these or other arguments, do not be dissuaded. The defendant is responsible for proving comparative negligence, and they must meet a heavy burden to succeed. Our team of slip and fall lawyers can help investigate the exact details surrounding your injury to build a strong case that supports your claim for compensation.
Specifics of Florida Law and What it Means for Your Case
There is a specific Florida statute that was written to help the courts determine if property owners failed to fulfill their duties owed to visitors. This statute, Florida 768.0755, applies to circumstances where a visitor encountered a “transitory foreign substance” — in other words, something temporary — and which the property owner had “actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” The two key words here are “actual” and “constructive.”
Actual knowledge means the property owner was aware, either via employee testimony, cleaning logs, or other means, that the surface was hazardous and did nothing to rectify it.
Constructive knowledge is more difficult to prove because it must be shown the property owner should have known about the hazard because it had happened in the past with some frequency and should have anticipated it would have reoccurred and taken reasonable precautions to ensure visitors’ safety.
An experienced slip and fall lawyer in Martin County, FL, may be able to clearly establish the facts surrounding the specific accident.
What You Should Do if You’re Injured in a Slip and Fall
If you have been injured in a slip, trip, or fall in a public place, seek medical attention immediately, as injuries from this sort of accident are not always readily apparent. In addition, make certain you alert the property owner or location manager and obtain his or her name and contact information.
If possible, speak to any witnesses who were present, request their names and contact information, and find out if there were any photos or evidence of the incident or the conditions at the time of the incident.
As soon as possible, contact a slip and fall lawyer in Martin County, FL, to assist with your claim. Many businesses and insurance companies believe slip and fall claims are either false or exaggerated. They may be unwilling to negotiate a settlement. Hiring a slip and fall lawyer can help demonstrate the sincerity of your claim and provide important support in gathering evidence, opinions from expert witnesses, and employee statements.
How to Find a Slip and Fall Lawyer in Martin County, FL
After seeking medical care, choosing a personal injury lawyer may be the most important call you make. The right local lawyer can make a crucial difference in the outcome of your case — not to mention providing supportive guidance during a time of added stress.
If you have been injured in a slip, trip, or fall, contact the Law Offices of Anidjar & Levine right away. Call today for a free consultation: 1-800-747-3733.
We Can Help.