According to the 2019 Florida Statutes § 768.0755, a person who has experienced an injury on public property “must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” Having “constructive knowledge” of the danger, such as potholes in a parking lot, must be proven against the property owner.
Constructive knowledge may involve the condition or hazard existing for a long time, long enough for the property owner to have recognized and acted on it. Ideally, this action would have potentially avoided a slip and fall. In a case involving potholes in a parking lot, the property owner could have taken adequate measures to address the hazard by filling the holes with concrete.
Additionally, Florida’s premises liability law states that constructive knowledge may refer to the condition happening regularly, which would mean the hazard was foreseeable. If you or a loved one recently got injured from a slip and fall due to potholes in a parking lot of a public establishment in Port Charlotte, the Law Offices of Anidjar & Levine may be able to help you pursue compensation from the negligent property owner.
To begin a free consultation with a Port Charlotte potholes in parking lots lawyer, call the Law Offices of Anidjar & Levine today at 1-800-747-3733.
There Are Three Status Categories of Premises Liability
During premises liability cases, you may be considered an invitee, a licensee, or a trespasser at the time of your accident, as described by the Florida Bar. These status categories are key because they can determine how much compensation you may be entitled to, if at all.
It is also critical that you establish your status to determine if the property owner is responsible for your damages and, therefore, compensating you through a premises liability claim. If you were trespassing at the time of your accident, you would have been on the property without the owner’s consent. While the property owner may still owe you a duty of care, it may be marginal at best as a trespasser.
According to Cornell Law School, an invitee is “a person who enters land with permission of the owner, and does so either to confer an economic benefit on the possessor, or is entering premises that are open to the general public.”
Cornell Law School also defines a licensee as “a person who enters land with permission of the owner but without a purpose of conveying economic benefit on the owner of the land.”
You May Be Entitled to Collect Slip and Fall Damages
You may be entitled to collect a variety of damages after sustaining a slip and fall injury in Port Charlotte. One of the most common types of damages is medical costs. These can be both future and current medical bills that you and your family may be facing. A Port Charlotte potholes in parking lots lawyer from the Law Offices Anidjar & Levine can potentially include these costs in your settlement demands to the opposing insurance company or legal team.
Additional damages you may be faced with include but are not limited to:
- Lost wages
- Loss of consortium
- Property damage
- Pain and suffering
- Emotional distress
To learn more about starting an investigation into your slip and fall accident in Port Charlotte, call the Law Offices of Anidjar & Levine at 1-800-747-3733 to request a free consultation.
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Injuries You May Experience From a Slip and Fall Accident
According to the Centers for Disease Control and Prevention (CDC), one out of every five falls in America leads to a severe injury, such as a broken limb. The National Floor Safety Institute (NFSI) supports that notion and reports that fractures are a serious consequence of falls. These types of injuries reportedly occur in 5 percent of all falls each year in the United States. The CDC states the common types of fractures following an injury from a fall are wrist, arm, ankle, and hip fractures.
The CDC also warns about the damage of a traumatic brain injury (TBI) and its relation to falls. Back in 2014, it was discovered that falls were the leading cause of all TBI-related hospitalizations in the United States, which amounted to 52 percent of those hospitalizations. The CDC advises fall victims to seek medical attention right away to determine if they have a head injury. These injuries can become even more serious if you are taking certain medications, such as blood thinners, at the time of your slip and fall.
Additionally, the NFSI found that one million hospital visits are required each year due to slip and fall injuries. Slip and fall injuries vary. Aside from fractures or TBIs, you may be faced with:
- Neck injuries
- Spinal cord injuries
- Lacerations
- Back injuries
- Concussions
- Leg injuries
- Bruising
No matter what your specific injury is, a Port Charlotte potholes in parking lots lawyer may be able to help you pursue compensation against a negligent property owner through a premises liability claim.
Request a Free Case Evaluation Today With the Law Offices of Anidjar & Levine
At the Law Offices of Anidjar & Levine, our personal injury lawyers are ready to examine your case’s details after you request a free case evaluation. Our legal team may be able to help you gather evidence to prove negligence and liability, determine how much compensation you may be entitled to, and help you file the claim in Port Charlotte.
Receive a free consultation by calling the Law Offices of Anidjar & Levine today at 1-800-747-3733.
