Each week, we get a variety of questions about personal injury law in Florida including questions about slip and fall, trip and fall, and premise liability lawsuits against businesses in Tampa Bay. Below, we provide some basic answers to address a few of these frequently asked questions. If you have been injured at a place of business in Pasco County, Hernando, Citrus, or Pinellas County, Florida, don’t wait to speak with a personal injury attorney. Wendy Doyle-Palumbo, Esq., is a Pasco County personal injury attorney located in Hudson, Florida. Call to schedule your free case review or to obtain assistance.
Question: How Long Do I Have to File a Slip and Fall Lawsuit in Florida?
Answer: A Florida slip-and-fall injury or accident case must be filed within four years of the date of the injury. After four years, the statute of limitations will have expired and you will not be entitled to file a personal injury lawsuit.
Question: I tripped on an Exposed Wire at a Shopping Center in Pasco County, Florida, and Broke my Ankle, Do I Have a Personal Injury Case?
Answer: In Florida, an injured party must prove negligence against the property owner where the party was injured. There are three main things that we’ve listed below that your personal injury attorney must be able to prove. Consulting with a personal injury attorney will help to determine if you have a slip and fall or other personal injury cases.
- The shopping center owner or business failed to provide a duty of care to you.
- The shopping center owner or business didn’t use reasonable care in maintaining or operating their shopping center. Keep in mind, if your case doesn’t settle out of court, the courts would then decide what that reasonable care should have been. This is the case in each individual premise liability case thus, crucial for your attorney to present the proper evidence on your behalf.
- Proof that the shopping center owner or business didn’t use reasonable care, causing your broken foot.
Question: What type of businesses can be sued in Florida for negligence or premise liability and slip and fall?
Answer: If you are a business owner in Florida, you are subject to providing a duty of reasonable care in an effort to keep people safe. Typically, injuries occur to patrons at retail stores, restaurants, amusement parks, bars, stadiums, or concert halls but injuries due to negligence can occur even at hospitals or doctor’s offices. However, there are other lawful circumstances that may exclude the business from liability, for example; if you entered an area that was clearly marked for employees only and was injured in that area. It is important to speak with an experienced Pasco County Florida personal injury attorney about the details of your case.
Question: Who Can File a Premise Liability Personal Injury Claim Against a Florida Business?
Answer: Florida law defines who is entitled to make a premise liability or a slip and fall accident or injury claim and is as follows;
- An invitee – Permitted persons, such as customers, friends, family
- A licensee – Salespersons, social visitors
- A trespasser, in some instances – An example of an exception could be a child or even an adult who may be injured if they trespassed onto a property that had a vicious dog, electric fencing, pool or other play equipment that small children may be attracted to. Generally, in Florida, a property owner has no care of duty to a trespasser.
Question: I Slipped and Fell Down in a Well known Drug Store Chain in Spring Hill, Florida. Since then, I’ve had Problems with Pain in my Shoulder, Should I file a Personal Injury Lawsuit Against Them?
Answer: If you have sustained injuries from a fall in any retail store you should consult with a personal injury lawyer who represents clients in Spring Hill. Any time a person is injured at a place of business in Florida they should consult with a personal injury attorney directly. During a consultation, a lawyer will determine whether you have a case. An attorney will advise you according to the specific circumstances surrounding your fall. Your attorney must be able to establish the three main criteria Florida Law requires to compensate you in a slip and fall lawsuit. When a large corporation is involved, if they do not wish to settle, having an experienced trial lawyer to represent you will be beneficial.Learn More : Slip & Fall , Trip & Fall Accidents