When poor weather conditions cause dangerous conditions or hazards at a public establishment, it is the duty of the property owner to address the matter in a timely fashion to avoid accidents or injuries. In the event that you have been injured due to weather conditions at a public establishment, you may be entitled to financial compensation through a premise liability claim.
At the Law Offices of Anidjar & Levine, a Port Charlotte weather condition such as rain and hail lawyer can fight for compensation on your behalf while you recover from your injuries. Following your slip and fall, you may be faced with a variety of damages, such as medical bills, missed wages, pain and suffering, and more. As part of a settlement negotiation with the opposing insurance company or legal team, our team at the Law Offices of Anidjar & Levine can include these damages into your compensation requirements for your claim.
If your slip and fall occurred from a hazard or condition that the property owner was aware of and failed to correct, then you may be able to pursue legal action. But in order to prove your case so our law firm can fight to recover compensation, we must first establish legal liability and negligence.
To learn more about beginning a free consultation with the Law Offices of Anidjar & Levine, call our law firm at 1-800-747-3733.
Establishing Liability and Negligence
As Florida’s premises liability law outlines, property owners must make an effort to remove any hazards or dangerous conditions so the premises can be reasonably safe for visitors. If a property owner is aware of a dangerous condition stemming from weather conditions on their property, they must quickly act to address the matter.
Even if the property owner cannot correct the issue quickly, they still must make an effort to bring it to the attention of visitors or customers. In other words, the property owner must warn visitors so they do not injure themselves.
For instance, if the power goes out at a retail store during poor weather conditions, the retailer should make an effort to run their generator in a timely fashion. If they are unable to run the generator, they could inform customers of the situation and possibly help them evacuate the building until power is restored.
In terms of proving negligence once liability has been established, Cornell Law School states that there are four key elements that must be addressed:
- Duty of care
- Breach of duty
- Causation
- Damages
A duty of care refers to the property owner’s duty to keep their property free of any dangerous conditions or hazards that could lead to injuries. The breach of duty is when the owner allowed these conditions or hazards to exist, leading to an injury, such as from poor weather conditions.
Caution shows that your injuries were a direct result of the hazard or condition that the property owner ignored or failed to address properly. You may also have to prove that you suffered measurable damages, such as medical bills or lost wages. A Port Charlotte weather condition such as rain and hail lawyer from the Law Offices of Anidjar & Levine can fight for compensation on your behalf and help you monetize all of your damages.
Florida’s Premises Liability Law and Statute of Limitations
Florida Statute §768.0755 states that if someone slips and falls while visiting a business establishment and suffers one or more injuries, that person must prove that the business had “actual or constructive knowledge” of the unsafe conditions, but did not take the necessary steps to remedy the situation if they want to be successful in receiving awards stemming from a lawsuit.
The statute goes on to describe how you can potentially prove “constructive knowledge,” which requires specific evidence. One method for proving constructive knowledge against a property owner is determining that the dangerous condition existed for such a long period of time that the establishment should have reasonably been made aware of it.
Another method for proving constructive knowledge is by showing that the condition happened regularly, which would then be deemed foreseeable under the statute.
If you or a loved one has recently been injured in Port Charlotte due to poor weather conditions at a public establishment, our premises liability lawyers at the Law Offices of Anidjar & Levine can help you fight to recover compensation. To learn more about beginning a free consultation, call us today at 1-800-747-3733.
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Slip and Fall Statistics
According to the National Floor Safety Institute (NFSI), slip and falls lead to 1 million emergency room visits each year in the U.S. The NFSI also found that about 5% of people who fall suffer from fractures.
The Centers for Disease Control and Prevention (CDC) reports that one out of every five falls in America leads to serious injuries, such as broken bones or head injuries. The CDC also claims that 3 million senior citizens are treated in emergency departments due to falls each year. Additionally, about 300,000 seniors are hospitalized for hip fractures annually, and more than 95% of these fractures are caused by falls.
Request a Free Case Evaluation With the Law Offices of Anidjar & Levine Today
If you or a loved one in Port Charlotte has recently been injured at a public establishment due to weather conditions such as rain or hail, a Port Charlotte weather condition such as rain and hail lawyer from our team at the Law Offices of Anidjar & Levine may be able to help you fight for compensation against a liable party. After reviewing your free case evaluation, our law firm can determine your legal recourse options and can possibly help you gather evidence to prove liability and negligence.
To start your free consultation with a Port Charlotte slip and fall lawyer from the Law Offices of Anidjar & Levine, call our law firm today at 1-800-747-3733.
