Florida Slip and Fall Laws and Statute of Limitations
Two state-specific rules that you should keep in mind if you are filing a claim in Florida for personal injuries following a slip-and-fall accident. If you are injured in a Florida slip-and-fall accident, it is advisable to investigate your options in order to get compensation for your injuries, especially if the owner of the property was clearly at fault.
What you need to know is:
- You may be able to file a claim for Florida slip and falls injury under the liability insurance of the party at fault, or you can sue them in court.
- Florida’s statute of limitation sets the deadline for filing a lawsuit in court over a slip-and-fall accident.
- Florida’s “comparative fault” rule may affect the compensation you receive if you are partially responsible for your slip-and-fall accident.
Florida Slip and fall injury claim options
You may have several options to get compensation after a slip and fall accident in Florida. These include damages for injuries, lost income, and mental and physical suffering. (These losses are collectively called ” damage“. You can, for example:
- You may be able file a claim with their homeowner’s policy if you fall because of a dangerous condition on your neighbor’s property.
- You may be able to file a claim for compensation under the commercial liability insurance of the business if you slip and fall in a shop or other establishment.
- After a slip-and-fall, you can sue the property owner or another at fault party for personal injuries. This is true whether or not an insurance claim was filed.
You want to get a settlement for your slip-and-fall injuries that will cover all costs, economic or not. Even if you end up in Florida courts, a settlement can be reached at any time before trial. After all, the vast majority of injury claims are settled.
Slip and Fall Statute of Limitations In Florida
A statute of limitation is a law which limits the time you have to file a civil lawsuit in a state’s court system. If you miss the deadline for filing your lawsuit, it will be dismissed unless there is a rare exception that allows the window to be extended or altered. Talk to an attorney to learn more about these Florida exceptions and how they apply to your case.
Anyone who has been injured by a slip-and-fall in Florida must file a lawsuit against the property owner no later than two years after the incident. Florida Statutes section 95.1(4)(a) contains the deadline for lawsuits based upon negligence. It applies to nearly all personal injury claims brought in Florida civil courts.
Even if your injury case is likely to settle, it’s a good idea to give yourself enough time to file a lawsuit. You will have more bargaining power if you can go to court.
Comparative Negligence and Slip and Fall in Florida
Prepare yourself to hear the owner of the property argue that you are partially responsible for the slip and fall. This tactic could result in a substantial reduction of the amount of any award you receive from a court.
The property owner might argue, for example:
- You were in a part where guests are not usually permitted or expected.
- You were distracted (you may have been using your mobile phone).
- You wore footwear that is inappropriate or unsafe for the circumstances.
- Cones and signs were used to mark the dangerous area (reasonable measures taken to protect people).
- You should have known about the danger.
Florida’s Comparative Negligence Rule in Court
If your Florida slip-and-fall case does make it to court, you will use the “pure comparative fault rule” to determine how much legal blame you share for the accident and what compensation the property owner can still pay.
According to “pure comparative fault,” the damages awarded by a personal injury claimant will be reduced based on the percentage of the plaintiff’s fault in the accident. Let’s say that the jury determines:
- You’re responsible for 15 percent of your slip and falls.
- Your damages (including medical expenses, lost income and “pain & suffering”) total $10,000.
The property owner will be liable for $8,500. (That’s the $10,000 less the 15% that is equivalent to your fault).
How Florida’s Comparative Negligence Rules Might Impact a Slip and Fall Settlement
The state’s comparative fault rule is likely to be a factor even if you don’t get your Florida slip-and-fall case to trial, or if no lawsuit is filed. The property owner’s insurer (and/or attorney) is concerned about what could happen if you end up in court.
You can expect that any settlement offer you receive from the other party will reflect their opinion of your role in your injuries. This is based on Florida’s rules of shared fault. It’s important to present a strong case for liability against the property owner.
What if your slip and fall was on government property in Florida?
If you were injured by the negligence of a government official or government agency, then a unique set of rules and deadlines will apply. The government agency that is responsible for your injury must be notified of the claim. Most claims are limited to $200,000 in damages.
How to Get Help Following a Florida Slip-and-Fall
When you are injured on another person’s property, it’s crucial to know the applicable rules. When it comes to protecting your rights, information that is generic will only go so far. If you want help that is tailored to your specific situation, then it’s time to contact an experienced lawyer.
Find out how an attorney can assist you after an accident, injury or other incident.