If your recent slip and fall caused by a cracked or defective or broken sidewalk took place on someone else’s property, you may be entitled to file a premises liability claim via a personal injury lawsuit.
At the Law Offices of Anidjar & Levine, our team of personal injury lawyers may be able to help you pursue compensation for your damages. If your injury recently took place on a sidewalk in Port Charlotte, our law firm would like to hear from you. As you recover from your injuries, we may be able to help you by examining all of your medical documentation and other evidence that proves you suffered an injury based on negligence.
According to the Centers for Disease Control and Prevention (CDC), one out of every five falls leads to a serious injury, such as a head injury or broken bones. The CDC also states that falls are the most common cause of traumatic brain injury (TBI). As you can see, slip and falls should not be taken lightly, and it is important that you seek medical attention as soon as possible after your accident if you have not done so yet.
To begin a free consultation and learn how a Port Charlotte cracked or defective or broken sidewalks lawyer from the Law Offices of Anidjar & Levine may be able to help you, call us today at 1-800-747-3733.
The Four Elements of Negligence You Must Prove
In order to prove that a property owner was negligent during your premises liability claim, you must prove four key elements of negligence against them, according to the American Bar Association. These four elements include:
- Duty of care
- Breach of duty
- Causation
- Damages
According to Cornell Law School, a duty of care requires a property owner to “act in the same manner as a reasonably prudent person” in their situation when a dangerous condition or hazard is present. Duty of care essentially means that the property owner is responsible for clearing their location of any current or potential hazards.
Thus, a breach of duty is when the property owner fails to remove the hazardous condition. A Port Charlotte cracked or defective or broken sidewalks lawyer from the Law Offices of Anidjar & Levine may also help you prove causation, which shows that the sidewalk’s condition directly caused your slip and fall and your subsequent injuries.
Finally, you must show that you have faced related damages from your slip and fall injury. Damages from these types of accidents may include current or future medical costs, lost wages, property damage, and more. The Law Offices of Anidjar & Levine may also help you pursue compensation for non-economic damages, such as pain and suffering or emotional distress.
Building a Slip and Fall Injury Case
Following your slip and fall injury in Port Charlotte, it is critical that you seek medical attention as soon as possible. Not only will this provide you with the healthcare treatment you may require, but it will also strengthen your premises liability and personal injury claims against a property owner should you decide to pursue legal action.
When looking to build your case, you will likely have to present your medical documentation to the insurance companies at play during your claim. These documents will serve as evidence proving that you suffered the injuries you are claiming were caused by the cracked or defective or broken sidewalk.
You may also want to contact eye-witnesses of your accident if you received their contact information following your slip and fall. If you have not gained outside evidence aside from your medical documentation, a Port Charlotte cracked or defective or broken sidewalks attorney from the Law Offices of Anidjar & Levine may be able to help you gather additional evidence.
To learn more about building your personal injury case, call the Law Offices of Anidjar & Levine at 1-800-747-3733 to begin a free consultation.
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Florida Premises Liability Law
At the Law Offices of Anidjar & Levine, we can also walk you through Florida’s premises liability laws as outlined under Florida Statute §768.0755. According to the statute, if someone slips and falls and sustains an injury on a commercial property, in order to be successful in a lawsuit, he or she must prove that the business had “actual or constructive knowledge” of the dangerous condition but did not take action to remedy it.
Furthermore, “constructive knowledge” may be proven with evidence that shows either:
- That the property owner failed to recognize a condition or hazard that existed previously
- The condition or hazard occurred regularly and was thus foreseeable to happen
Aside from understanding Florida’s premises liability laws, you must also consider Florida’s statute of limitations requirements. The statute of limitations determines how much time a personal injury victim has to file a claim based upon negligence. According to Florida Statute §95.11, the statute of limitations to file a claim for personal injury is within four years.
Begin to Work with a Slip and Fall Accident Lawyer in Port Charlotte Today
If you or a loved one in Port Charlotte has been injured during a slip and fall on a public sidewalk, call the personal injury lawyers of the Law Offices of Anidjar & Levine at 1-800-747-3733. After requesting a free case evaluation, we can examine your legal recourse options while also determining a course of action to build your case.
With four years to file a claim, a Port Charlotte cracked or defective or broken sidewalks lawyer from our team may be able to help you build a powerful case with supporting evidence that proves a property owner was negligent and thus liable to compensate you for your damages.
