Slip-and-fall cases are common personal injury cases in Davie, as they involve hazardous conditions in buildings and establishments.
Under Florida Statutes, building owners must maintain the safe condition of their property and warn other people of potential hazards. If you’ve been injured in a slip-and-fall, the Eggnatz | Pascucci slip-and-fall attorneys in Davie are here to help you receive the compensation you require. Despite observing precautions, Davie slip-and-fall accidents always happen, resulting in severe injuries and complicated processes.
Why Choose a Davie Slip and Fall Lawyer from Eggnatz | Pascucci?
Eggnatz | Pascucci is the firm to trust with your claim. Attorney Joshua Eggnatz is a fellow rider who understands the rules of the road, and the dangers often encountered by motorcycle enthusiasts on them.
Our motorcycle accident attorneys in Davie have significant experience handling motorcyclists’ unique legal and insurance challenges. With a personalized approach and a track record of successful outcomes, Eggnatz I Pascucci will work tirelessly to get you the financial recovery you deserve.
Slip-and-falls have serious consequences. When your medical bills are piling up, and you’re missing time at work, a legal team is needed to fight for every type of compensation you deserve. More severe injuries can happen when slip-and-falls occur. Reaching out to one of our top personal injury lawyers in Davie will help you get the settlement from any serious damage.
Our legal team of Davie slip-and-fall attorneys has helped thousands of victims get the compensation they deserve after premises liability accidents. These accidents can also result in unfortunate fatalities. Our trusted wrongful death attorneys in Davie will assist in guiding you through this tough time. We know the correct legal standards governing these claims and will do everything we can to hold negligent property owners accountable for your injuries.
Premises Liability in Davie
In Florida, business owners must ensure the safety of their properties. If a person slips and falls due to a hazard inside the building or establishment, the owner is liable for damages. Slip and fall accidents often happen due to wet floors, poor lighting, chemicals on the floors, or poor building conditions.
The injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
- The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
- The condition occurred with regularity and was therefore foreseeable (Section 768.0755). You need a legal professional to prove the elements of your premises liability claim. Failure to prove any element can result in your claim’s dismissal
Florida Building Code in Davie
In some instances, the hazardous condition of the property is due to violations of the Florida Building Code. The law contains provisions or requirements for public and private buildings and structures, enforcement, and compliance with such provisions or requirements.
If the property owner violates a provision of the Florida Building Code, an additional penalty may be imposed. Having a slip-and-fall lawyer in Davie who understands the details of the building code is critical to ensure you don’t miss out on any potential areas of recovery.
Davie Comparative Negligence
Florida adopts the pure comparative negligence system, which means that if the injured party is partially at fault, the damages received will be reduced by the percentage of their fault. The contributory fault chargeable to the plaintiff diminishes proportionately the amount awarded damages for an injury attributable to the plaintiff’s contributory fault. Notably, the plaintiff’s fault does not bar recovery for damages (Section 768.81).
Steps to Take After a Slip and Fall in Davie
When a slip, trip, or fall causes you to suffer injuries, knowing what to do is critical for two reasons. First, you need to be able to get medical care as soon as possible to prevent a worsening of your injuries and losses. Second, what you do after the slip and fall could help you demonstrate negligence to hold the property owner accountable for your losses. Focus on these specific areas.
- Ensure that safety is a priority. Before anything else, call 911 if you are unable to safely get up and move out of the way of further injury. If you can move, do not leave the scene of the incident just yet.
- Take photos of what happened. If possible, take photos and videos of the surface of the ground, the clutter, or any other reason why you were hurt. Document the entire scene so that your attorney can demonstrate fault by looking for the cause. Look for and photograph any details about the cause of the accident, such as determining what you could have sipped on.
- Write down what happened as soon as possible so you do not forget any details. It is a good idea to record yourself stating what took place.
- Get the insurance information from the property owner. Your objective will be to alert the insurance company of the incident but not to file a claim just yet. It is likely that you will need to report the accident to the insurance company directly, or your attorney can help you with this process.
- Document all injuries and losses from this time forward, such as missing work, having to pay for medical costs, or suffering pain due to mobility injuries.
- Stay off social media. Anything you post there could be used against you later.
- Get medical care. Do not wait to do so. The sooner you take action by reporting this case to your doctor, the sooner your record of what your injuries are grows.
Contact a Davie slip and fall attorney as soon as possible. When you reach out to an attorney, you create a way to preserve your injury evidence to build a strong case. For example, the insurance company will take immediate action to ensure that no video footage of your accident is destroyed. Your attorney also helps to work as an intermediary between you and the insurance company.
Common Types of Slip and Fall Accidents
Slip and fall accidents are often preventable, meaning if the property owner were to follow best practices for the safety of their space, it would be less likely that someone would fall. Some of the most common causes of slip and fall accidents include:
- Slippery or wet floors
- Clutter or debris in the walkway
- Limited lighting of the area
- Uneven sidewalks or parking lots
- Missing or unstable handrails near steps
- Failure to maintain the property
In serious cases, these types of accidents will result from slipping, falling, tripping, stumbling, or otherwise falling to the ground with injuries. You can file a claim for any losses you incur due to the lack of safety in these environments. It is strongly encouraged that you document the entire area and your conversation with the property owner to be used as evidence.
Florida Statute of Limitations
In Florida, the time limit for filing a personal injury case is two years from the date of the accident (Section 95.11). If the injury is not apparent, the counting of the prescriptive period shall start on the date of discovery of the injury. In case the negligence resulted in wrongful death, the lawsuit must be filed within two (2) years.
It is important to have a lawyer familiar with the statute of limitations. If the injured party files the personal injury case beyond the deadline, the case is dismissed with prejudice regardless of its merits.
First Step Toward Compensation With a Slip & Fall Attorney in Davie
The information contained in this article is merely an overview of the related laws in slip and fall cases. If you are injured due to a hazard in a private establishment in Davie, it is wise to consult an attorney to know if you have a cause of action to file a personal injury case in court. The talented legal team of Davie slip-and-fall lawyers at Eggnatz | Pascucci is here to guide you through the legal process and achieve a just outcome. Contact us today for a free legal consultation by calling us at (954) 889-3359 or texting us at (954) 289-6961.