The Statute of Limitations on Slip-and-Fall Cases

When bringing a lawsuit, it’s important to make sure you’re filing within the statute of limitations. This is a deadline that limits how long you retain the right to have your case heard in court. Failing to file a case within the statute of limitations is likely to result in your case being dismissed before it can be heard, which means that you won’t receive compensation. There may be exceptions that allow for these deadlines to be altered or extended in some cases, and a personal injury attorney can explain when those exceptions may apply, but it’s always better to assume that you must stay within the deadline.

When it comes to slip-and-fall cases, as well as most other personal injury cases in Florida, the statute of limitations is typically four years (though it can be shorter in some instances). However, sooner is always preferable, when possible, as it’s easier to gather evidence soon after an accident. If you’ve been injured in a slip-and-fall accident, you should seek medical treatment and then consult a slip-and-fall attorney as soon as possible. That way, your attorney can begin work on your case right away.

What You’ll Need to Prove to Win Your Case

To win a slip-and-fall case in court, you’ll need to be able to show that several things are true. First, you’ll have to show to the court that you fell from a substance and that the fall occurred on someone else’s property. You’ll have to show that the substance you slipped on caused a dangerous condition that caused you to fall and become injured as a result. You’ll also have to show that the responsible party knew about the dangerous condition, should have fixed it, and failed to fix it.

You may wonder how you can show what someone else knew about a dangerous condition on their property. Couldn’t they just claim not to have known about it? There are several ways to show that the property owner either knew about the condition or should have known about it. 

For example, testimony from an employee who reported the dangerous condition would show that the responsible party was actually informed. Alternatively, if you can show that the dangerous condition had been in place for a long time or happened on a repeated basis, you can argue that the property owner should have known about the condition before your fall.

What is Comparative Negligence and Why it Matters

During the course of your claim, you may encounter the concept of comparative negligence. According to NOLO, comparative negligence is what it’s called when the injured party – the plaintiff bringing the lawsuit – was also negligent and carries some responsibility for the accident. It comes into play if you were doing something that you weren’t supposed to be doing or that you knew or should have known was unsafe when the accident occurred. The party responsible for the property may still have been negligent, but they can argue that you were also negligent and that they are not wholly responsible for that reason.

If a slip-and-fall case goes to trial and the defendant is found to be negligent, but the plaintiff is also found to have been negligent, the award would be reduced by whatever percentage the plaintiff was found negligent by. So, if the award was $10,000, and the defendant was found 90% responsible, but you were found to be 10% responsible, your award would be reduced by 10%, resulting in an award of $9,000. 

It’s important to provide your attorney with all the details they need about the accident. Even if your case doesn’t go to court and ends in a settlement instead – as many personal injury cases do – your attorney and the defendant's attorney will be negotiating based on what’s likely to happen should the case go to court, so any responsibility you might have for the accident will affect the outcome of settlement negotiations as well.

Conclusion

Slip-and-fall victims in Florida can seek compensation from the responsible party for a slip-and-fall accident that occurs on someone else’s property. They’ll need to file a claim within the statute of limitations and show that certain facts about the accident are true. Additionally, their own negligence can factor into any settlement or award.

Source

• https://www.nolo.com/legal-encyclopedia/how-does-comparative-negligence-affect-slip-fall-case.html

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".