Florida laws create a duty whereby landowners must protect certain visitors from harm. If a landowner fails in this duty, and a person is injured, that landowner must provide compensation. However, few slip and fall cases in St. Petersburg are this simple. Individuals must prove that not only did the defendant owe them a duty of care, but that their actions violated this duty. It is essential that plaintiffs in slip and fall cases understand their rights under the law.
A St. Petersburg slip and fall lawyer may be able to help. They understand the premises liability laws and how they affect injured individuals. A knowledgeable premises liability lawyer can help you understand how the laws apply to your case.
Proving Negligence in a Slip and Fall Case
Many personal injury cases are simple. An injured person can demand compensation for their losses due to the defendant’s negligence. These cases are simple because many defendants automatically owe the plaintiff a duty of care. This applies in situations involving car accidents, pedestrian accidents, and assault cases.
However, slip and fall cases are more complex. This is because landowners may not have this duty as it applies to the injured individual. Whether this duty exists depends upon the plaintiff’s reason for being on the land and whether the defendant gave them permission to be there.
If a plaintiff is invited onto the land for a business purpose, such as shopping in a store, the landowner has a duty to protect them from all known hazards. This can include a wet floor, a broken step, or a pothole in a parking lot. In addition, the landowner must also keep track of their land because they are responsible for any hazards that they are reasonably expected to know about. A plaintiff in these cases may produce evidence involving security footage that shows a spill being in place for over an hour prior to their accident.
Visitors to land for a social visit are offered less protection. The landowner must only protect these people from known hazards. Finally, trespassers have almost no rights under the law. Property owners must only refrain from wantonly or intentionally causing harm.
Finally, no matter the classification of the visitor, they must be sure to file their case on time. A concept known as the statute of limitations controls when a court will hear a case. According to Florida Statute §95.11, plaintiffs have only four years from the date of injury to file a case. A St. Petersburg slip and fall lawyer can help ensure these deadlines are met.
Typical Injuries in St. Petersburg
Slip and falls can be deceptively dangerous. Even a fall from only standing height can place great strain on a person’s joints and bones. Stepping into an unseen hole or falling down a broken step can also have devastating consequences. Common injuries from slips and falls include:
- Spinal cord injuries
- Broken bones
- Separated joints
- Brain injuries
- Sprained tendons or ligaments
Any of these injuries can form the core of a slip and fall case. However, comprehensive claims will examine the full impact of the incident on the plaintiff’s life. This means that an attorney may demand compensation for any lost wages due to the accident as well as any emotional toll endured by the victim.
Consult a St. Petersburg Slip and Fall Attorney Today
Slips and falls may seem like minor inconveniences. However, even a short trip to the ground or a stumble may cause a severe injury. When this is the case, and the landowner fails in their duty to protect the injured party, individuals have the right to demand compensation. This can include payments for not only medical bills, but also for economic losses and emotional trauma.
A St. Petersburg slip and fall lawyer is dedicated to helping victims collect every dollar to which they are entitled. They work to gather information about the accident, analyze the relevant laws in the case, and form demand packages designed to bring the case to a quick but fair resolution. Contact an attorney today to learn more.f