Unfortunately, trip and fall injuries are common occurrences in shopping malls, grocery stores, and complexes throughout Florida. However, if a fall injury occurs due to a business owner’s negligence, the injured individual may benefit from consultation with a well-versed attorney.
After suffering an injury from a fall, you are likely to have numerous pressing concerns and a handful of questions about how to proceed. By working with a St. Johns County slip and fall lawyer, you could assess the extent of your financial, physical, and emotional losses and understand if you have legal rights to pursue compensation.
The Legal Duty of Property Owners in St. Johns County
Property owners have a legal duty to routinely inspect any property where they invite the public. This legal classification of a customer or patron is known as an “invitee.” Furthermore, a property owner has an obligation to take care of any hazardous or dangerous conditions they encounter, as well as to warn invitees of the situation before its repair.
However, while landowners owe the highest duty of care to invitees, an individual classified as an invitee can lose their status under certain circumstances. Because of these nuances, anyone injured in a fall accident might benefit from consulting with a knowledge St. Johns County lawyer about their legal rights.
Establishing Landowner Liability for a Trip and Fall Injury
Florida Statutes Annotated § 768.0755 addresses the liability of property owners’ in the event of a slip and fall incident. According to this statute, an injured individual must be able to prove that the owner of the premises knew a hazardous condition that existed for such a length of time that it should have been fixed. These incidents might include falls from:
- Spilled liquids
- Accumulated water
- Ice or snow
- Broken handrails
- Faulty steps
In lieu of proving the landowner’s actual knowledge of a hazard, an injured individual may be able to use circumstantial evidence to demonstrate that the property owner should have foreseen—or should have been aware of—the hazardous condition.
In demonstrating negligence, it might be beneficial for an injured individual to photograph the scene of an accident, as well as obtain any information regarding prior incidents at the same establishment. Furthermore, showing how long a hazardous condition existed on the premises, as well as how frequently the condition developed, might be crucial to the validity of a claim.
How the Statute of Limitations Might Affect a St. Johns County Lawsuit
It is vital for anyone looking to file an injury claim to be aware of the statute of limitations in Florida. This statute sets a four-year period from the date of the injury in which a claimant may take legal action.
An injured claimant seeking compensation after this deadline will likely face a motion to dismiss by the defendant. Because of this, hiring a proactive slip and fall lawyer might be beneficial for a person looking to file a claim that satisfies the statute of limitations.
Call a St. Johns County Slip and Fall Attorney Today
If you were injured after falling on someone else’s property, a St. Johns County slip and fall lawyer might be able to help you pursue compensation. If successful, a claim may provide recovery for lost wages, medical bills, mental anguish, and other losses.
However, because of the critical deadlines and potential for evidence to fade, it may be beneficial to file a claim as soon as possible. To take legal action, call a seasoned injury attorney today.