The Centers for Disease Control and Prevention (CDC) reports that fall injuries put more than 800,000 people in the hospital every year. Uneven surfaces can lead to tripping, as someone may lose their footing if it gets caught in pavement that is not smoothed over properly.
This situation is not only dangerous for people who are walking or running but for people who use a wheelchair, a cane, or another assistive device to get around. People with visual impairments, bicycle riders, and generally anyone else using the sidewalk is at risk when it is not maintained.
If you or someone you know is recovering from injuries suffered while walking on a cracked or uneven surface, a Winter Park slip and fall caused by cracked or defective or broken sidewalks lawyer could review the details of your incident and help you pursue financial recovery for your damages. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 today for a free consultation.
Florida’s Premises Liability Law
A slip and fall incident involving a cracked, defective, or broken sidewalk on someone’s property could lead to an injured person filing a premises liability claim or lawsuit. Premises liability cases seek to hold owners liable for injuries that occur on their property. Property owners, business owners, and others are responsible for the upkeep of their property. They are expected to notice when repairs are needed and warn guests who visit the property about potential dangers. A broken, uneven, or slippery sidewalk could prove a liability if owners or property managers do not promptly fix it.
Florida Statutes § 768.0755 addresses slip and fall cases in the state. Whether your slip and fall injury happened on a sidewalk or walkway on someone’s private property, a commercial business, or a public sidewalk, Florida law requires the person who suffered the injury to prove the property owner was negligent.
A successful premises liability case must prove a few things before the plaintiff can win awards. First, they must show that the party being sued owned the property when the sidewalk slip and fall injury occurred.
They also must show how an owner was negligent. An owner can demonstrate negligence by either failing to act or acting recklessly or carelessly, and someone suffered harm as a result. In these cases, harm usually means injuries and damages. An owner who demonstrated a failure to act or act prudently with a reasonable level of care could be found liable for someone’s injuries.
Florida recognizes slip and fall actions from people who were on the property legally. Owners likely will not be held liable for the injuries of trespassers or people who are on a property unlawfully.
Proving a Business or Property Owner Was Negligent
If a person falls on the property of a commercial business, the law requires them to prove the business knew about the sidewalk hazard and that the hazard existed long enough for the property owner to know about it and address it. The hazard also had to occur regularly enough for the condition to be foreseeable so that the property owner could address it.
Premises liability cases can appear straightforward, but it can be challenging to prove who is at fault and how. A Winter Park slip and fall caused by cracked or defective or broken sidewalk lawyer can review your situation and determine who is liable. If you fell on a public sidewalk near or outside a business or private property, you might think the property owner is responsible for your injury, but that may not be the case.
An attorney can review local and municipal ordinances that clarify who is responsible for the upkeep of public sidewalks and could be held liable for injuries that occur on them. A lawyer can investigate to determine what happened and who is responsible. They can review medical records, police reports, and witness statements. They can also view any photos or videos of the scene or consult with expert witnesses who can offer insight.
The Law Offices of Anidjar & Levine can start working on your case now and advise you of the legal recourse you have. Give us a call today for your free consultation at 1-800-747-3733.
Comparative Negligence in Florida
While you can pursue a claim or lawsuit in your sidewalk slip and fall, a property owner can respond to your action and say you played a role in your accident. They could say you were not paying attention when you tripped or that you failed to notice a warning sign about the sidewalk’s condition.
If you fell on private property, the owner could say they warned you to be careful while walking on the sidewalk or that you were distracted before you lost your footing and fell.
If your lawsuit makes it to court, you could be found partially liable for your injuries under Florida Revised Statutes § 768.81, Florida’s comparative fault law. This means if you win compensation, you will recover a reduced award, which would be lower because the amount of your contributory negligence would be deducted from it. You can still pursue financial damages if you are not 100 percent at fault for your injuries.
Recovering Damages in a Slip and Fall Case
Injuries suffered in a fall can be dangerous and change someone’s life long after the accident occurs. The situation is even more hazardous to older adults, as falling can lead to hip fractures, traumatic brain injuries (TBIs), and other health complications. According to the CDC, 3 million older people receive care in emergency departments for fall injuries annually.
Common slip and fall injuries include:
- Cuts, scrapes, and abrasions
- Soft tissue injuries (swelling, sprains, torn ligaments and tendons, bruising)
- Broken bones, bone fractures
- Concussions and other head injuries
- Injuries to the back, spine, and knees
Slip and fall victims should seek prompt medical treatment. Immediate care addresses hidden injuries and possible health complications early on. People who receive such care also establish a record showing they saw a doctor for timely treatment. Documentation will also detail the extent of one’s injuries and how much treatment cost, which will be key in helping a premises liability case.
A Winter Park slip and fall caused by cracked or defective or broken sidewalk lawyer can seek economic and non-economic damages on your behalf. You may be able to recover the costs of your medical treatment, missed time at work, hired help if you are unable to take care of daily needs, and more. Noneconomic damages could be recovered, too, such as emotional distress and pain and suffering.
You may be able to negotiate a settlement with the property owner’s liability insurance. The Law Offices of Anidjar & Levine at 1-800-747-3733 can take care of these negotiations for you to help you get a settlement that is fair for you. Insurance companies typically do not pay out claims that meet the injured party’s needs. We can also pursue awards for you in court if negotiations do not yield a favorable settlement.
Florida Statute of Limitations
If you want to take legal action in a sidewalk slip and fall accident, you have four years to file your lawsuit, as outlined in Florida Revised Statutes § 95.11(3)(a). Four years is considerable time, but your attorney will need time to establish a solid case for you, which could take more time than you think. The sooner you act, the sooner we can start on your case and pursue the financial compensation you deserve.
Contact Us Today for a Free Consultation
The Law Offices of Anidjar & Levine can help you or your loved one navigate the legal process of your sidewalk slip and fall. We offer responsive legal care and go the extra mile. You worry about getting better. We will take care of everything else. Give us a call today for your free consultation at 1-800-747-3733.
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