If you have recently fallen because of a slippery floor at a public establishment in Port Charlotte, you may be left with severe injuries, medical costs, lost wages, and other damages due to your fall. If your slip and fall was the result of a hazard that could have been avoided, such as slippery floors, you may be able to pursue legal action against the property owner.
At the Law Offices of Anidjar & Levine, a Port Charlotte slippery floors lawyer may fight for compensation on your behalf. Our legal team can guide you through the legal process to help you better understand Florida’s premises liability laws and the statute of limitations to file a personal injury claim.
To obtain compensation from the at-fault party for your slip and fall injuries, you must be able to prove both negligence and liability. Fortunately, you do not have to go through this process alone, as the legal team of the Law Offices of Anidjar & Levine can help. To get started with a free consultation, call us at 1-800-747-3733.
Begin Your Case by Determining if the Property Owner Is Liable
A Port Charlotte slip and fall lawyer may help determine if the property owner is liable for your injuries. It is critical to determine who may be legally responsible for compensating you for your damages.
Under the 2019 Florida Statutes § 768.0755, a property owner must keep their location free of any dangerous conditions or hazards that may cause an injury. For example, if a supermarket failed to clean up a slippery floor or did not include any caution signs to inform customers about the hazard, they could be found negligent for any injuries that their guests suffered. If the property owner or manager is aware of the condition or should be aware of it, they must quickly correct the situation to avoid any injuries for customers or staff.
If a property owner or manager does not bring attention to the hazard to avoid an injury, they could be held liable if someone gets hurt due to their negligence. Yet, in order for the property owner to be found liable, you as the plaintiff cannot be considered a trespasser at the time of your accident. Generally, a property owner is liable when the injured party is identified as either an invitee or a licensee.
According to Cornell Law School, an invitee is a guest who enters a property with the owner’s consent for economic purposes, such as a customer in a grocery store, or because the premises are open to the general public.
A licensee is defined by Cornell Law School 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.” Typically, these individuals are categorized as social guests, such as someone who stopped into a grocery store to use the restroom but does not purchase anything.
Know Florida’s Statute of Limitations for Personal Injury Claims
Under the 2019 Florida Statutes § 95.11, the statute of limitations to file a claim based on negligence is within four years. This means that you have up to four years to gather your evidence and file a claim against a property owner for your slip and fall injury.
Once you have identified the liable party, it is time to build a case to prove the defendant’s negligence. The Port Charlotte slip and fall lawyers from the Law Offices of Anidjar & Levine may help you identify the four elements of negligence and build an argument for your case. The four elements of negligence you and your slip and fall attorney must prove are a duty of care, breach of duty of care, causation, and damages.
Duty of Care
According to the University of New Mexico’s Judicial Education Center, all people have a duty to use “reasonable care to avoid causing injury to [others] or their property.” This can also refer to the property owner having a duty to remove any hazards or dangerous conditions from their location.
Breach of Duty of Care
A breach of duty of care may occur when the property owner fails to remove hazards, allowing them to exist and lead to injuries.
Causation
You and your attorney must also prove that either the hazard or condition directly caused your slip and fall, which subsequently led to your injuries and other damages.
Damages
Because your slip and fall accident led to your injuries, you may be experiencing measurable damages. These damages may include your current or future medical bills, lost wages, loss of consortium, property damage, pain and suffering, emotional distress, and more.
To learn more about investigating your slip and fall accident in Port Charlotte, call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for a free case evaluation.
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Injuries You May Experience From a Slip and Fall
The Centers for Disease Control and Prevention (CDC) states that about 20 percent of falls result in a severe injury, such as a concussion or bone fracture. Additionally, the CDC found that falls are the most common cause of traumatic brain injuries (TBIs).
The National Floor Safety Institute (NFSI) reports that one million Americans are treated each year in emergency rooms due to slip and falls. The NFSI also states that five percent of fall victims in the country experience fractures.
Call the Law Offices of Anidjar & Levine for a Free Consultation
At the Law Offices of Anidjar & Levine, our attorneys will fight on your behalf for fair compensation to recover damages you suffered from a slip and fall. To get help from a Port Charlotte slippery floors lawyer, call our legal team at 1-800-747-3733 for a free case evaluation.
