A loose floorboard on someone’s property is a hazard that could cause slip and fall accidents, resulting in costly medical expenses and damage to personal property. The fall could cause skin abrasions, head trauma, or fractured bones. Some people also damage personal items they were carrying, such as a smartphone or a watch.
If you are a victim of such a slip and fall accident here in Punta Gorda, Florida, you can take legal action against those whose negligence caused your injury. The Law Offices of Anidjar & Levine has a Punta Gorda loose floorboards slip and fall injury lawyer who can provide legal counseling and assistance in seeking compensation. Call the team at 1-800-747-3733 today for a free consultation.
Liable Parties in a Loose Floorboard Slip and Fall
Anyone legally in charge of a property, be it the owner or their tenant, must also keep legal visitors safe from hazards, including loose floorboards. They must take steps to alert visitors of the hazard with warning signs or fix the issue promptly.
Liability can also depend on where the slip and fall happened. For instance, a loose floorboard in a store renting a commercial building space may be the business’s responsibility. But if the hazard were in a common area such as a hallway, then the building’s owner may be at fault.
Liability in Slip and Falls by Trespassers
Florida Statute §768.075 of the Florida Statutes stipulates that a person or entity’s liability is limited when the slip and fall victim is a trespasser. They will not be at fault for intoxicated trespassers and those who remained undiscovered when the incident occurred. But if the party knew about the trespasser’s presence, they must alert them of any known hazards, such as the loose floorboard. They also cannot injure the intruder on purpose.
Ways a Punta Gorda Loose Floorboards Slip and Fall Injury Lawyer Can Help
If you are still unsure of what action to take, you could first discuss your concerns with a Punta Gorda slip and fall attorney. They can evaluate your situation before recommending an option.
Furthermore, the liable party will most likely have an attorney of their own to defend them. A slip and fall lawyer can help form your arguments against them. They can help gather supporting evidence for the case or speak on your behalf during negotiations or court proceedings.
Know Your Case’s Relevant Laws
A Punta Gorda attorney studies the local laws related to slip and fall accidents. Besides saving you from having to study them yourself, they can also check which ones specifically apply to your situation. For example, if the slip and fall accident occurred in a public building, they would know the appropriate actions to take as per Florida Statutes §768.28. Said statute would make the government department in charge of the building liable for your injury.
The lawyer can also check your case’s filing requirements so you can comply with them.
Follow the Filing Deadline
The slip and fall attorney’s familiarity with the law also means they know your Punta Gorda case’s statute of limitations. You have up to four years to file before the court dismisses it, as outlined in Florida Statutes §95.11. But you could have tolling exceptions in your suit, which pauses or extends the statute clock. For instance, if you are suing for a minor, you must pass the case within seven years. If a liable property owner left Florida or went into hiding, the timer will only resume counting when they return.
The lawyer can help you follow this filing requirement by monitoring your progress and working with you to finish constructing the case on time. They can also check if your case has any tolling exceptions to determine what your deadline is.
To consult with a Punta Gorda loose floorboards slip and fall injury lawyer, contact the Law Offices of Anidjar & Levine at 1-800-747-3733. The legal team is here to help with your concerns 24/7.
Laws Regarding Punta Gorda Slip and Fall Damages
You can recover economic and non-economic damages once you settle your case. These include medical treatments, lost wages, and the physical and psychological pain and suffering caused by the slip and fall. However, some state laws can affect the amount that you can get.
Restrictions on Government Claims
While Florida Statute § 768.28 lets you file an injury claim against Punta Gorda’s public agencies, they limit the types that they accept. The government department will generally only be liable for claims with damages not exceeding $200,000. If several departments happen to share the fault, they can pay for damages of up to $300,000.
The Comparative Fault System
Your recoverable compensation could get deducted if you are partially responsible for the slip and fall accident. Florida Statutes §768.81, which contains Florida’s comparative negligence rules, states that the percentage of fault you have will proportionately reduce your damages.
Say that the court determines that you are 30 percent liable because you were running on the premises, which increased your risk of tripping on the loose floorboard. You can now only recover 70 percent of the initial amount. If the initial total was $440,000, only $308,000 would go to you. You can still receive damages even if you are more than 50 percent at fault.
But you can take other steps to get compensated more appropriately. One is to gather the records showing your slip and fall-related expenses, such as medical bills and drug receipts. Doing so helps calculate economic damages more accurately. Another is to collect as much evidence of the other party’s liability. It can reduce your fault percentage so you can receive more.
Get Legal Assistance Here
Filing a slip and fall case against a Punta Gorda property owner or business can be an intimidating prospect. But we will support you in getting restitution for your damages, whether by helping you negotiate a settlement or suing the liable parties.
The Law Offices of Anidjar & Levine worked on numerous personal injury cases in Florida for over 15 years, handling bus accidents, product defects, and medical malpractice cases. We only charge fees if you get compensated. For more details on our services, call our office today at 1-800-747-3733.
We Can Help.