Generally, under Florida’s premises liability law—outlined in Florida Statute § 768.0755 – the property owner is responsible to keep their location free of hazards or dangerous conditions, such as torn or ripped carpeting. However, many business owners fail to keep their premises safe and visitors suffer injuries as a result.
If this has recently happened to you or a loved one, a Port Charlotte slip and fall accidents lawyer from the Law Offices of Anidjar & Levine could fight to recover compensation on your behalf. Our team of slip and fall accident lawyers can investigate your accident to determine if the property owner failed to uphold a duty of care that resulted in your injuries.
To learn more about beginning a free consultation from the Law Offices of Anidjar & Levine, call our law firm today.
Receive Medical Attention and Gather Evidence
If you have not already done so, it is important to your health and safety that you speak with a doctor or stop by a hospital to check your injuries or condition following a slip and fall.
According to the National Council on Aging (NCOA), falls are considered “the leading causes of both fatal and non-fatal injuries for senior citizens in the U.S”. Thus, you should always consider seeing a doctor after a fall, as your fall could lead to injuries that may not be noticeable at first.
Furthermore, the Centers for Disease Control and Prevention (CDC) found that “one out of every five falls in America leads to a serious injury, such as a head injury or broken bones”. By receiving medical attention after your slip and fall accident in Port Charlotte, you can get clarity on treatment options and possible surgeries you may require.
Seeking medical attention will also benefit any legal recourse options you may be considering against the property owner. When looking to file a premises liability or other related personal injury claim against a property owner for falling due to ripped or torn carpeting, you will likely need to present medical documentation—such as the doctor’s written testimony of your condition or your receipt for the emergency room visit. This evidence can potentially prove that you suffered the injuries you have claimed, and it can also be used as proof of damages.
A Port Charlotte carpeting that is ripped or torn lawyer from the Law Offices of Anidjar & Levine may also help you gather additional evidence to strengthen your case, such as a possible surveillance video that captured the moment you fell. We can also work to help you connect with eyewitnesses that can potentially provide a statement on your behalf.
Proving Negligence and Liability
In order to win a settlement against a property owner that you alleged to have caused your slip and fall accident, you will need to prove both that they were both negligent and liable.
According to Florida Statute § 768.0755, you must prove that the property owner had “constructive knowledge of the dangerous condition” and that they should have tried to fix the hazard. Under Florida’s premises liability law, “constructive knowledge” can be proven with evidence that shows either:
- The property owner should have been made aware of the condition when it was present for an extended period of time.
- The hazard was foreseeable if it happened with regularity.
You may need to establish negligence by proving duty of care, breach of care, causation, and damages. A duty of care refers to the property owner maintaining a property that is free of dangers or hazards which could cause an injury.
The breach of care means that the property owner negligently allowed the hazard to remain on their property, resulting in an injury. Causation proves that that the hazard—such as the ripped or torn carpeting—directly resulted in your injuries. Your damages may include medical costs, lost wages, property damage (such as from a broken cell phone), pain and suffering, and more.
The property owner may not be liable if you were a trespasser, however. If you acted as an invitee or a licensee at the time of your slip and fall accident, you may be able to pursue damages.
To learn more about working with a Port Charlotte carpeting that is ripped or torn lawyer, call the Law Offices of Anidjar & Levine today.
If You Were a Trespasser or Caused the Injury
If it is determined that you were trespassing at the time of your slip and fall, it may be difficult to completely hold the property owner liable for your injuries. A property owner does not owe a duty of care to a trespasser under Florida Statutes § 768.075, however, they still are not allowed to cause intentional harm to you.
Furthermore, if you caused your own injury, the property owner can also be found not liable for your accident. The court may determine you to be at fault for the accident if you were running on the premises or distracting yourself, such as by texting. There are a variety of ways in which you may be found partially liable for your own accident, and the Law Offices of Anidjar & Levine may be able to determine your options during a free consultation.
File a Premises Liability Claim with the Law Offices of Anidjar & Levine
If you or a loved one recently suffered an injury at a public establishment, the personal injury lawyers of the Law Offices of Anidjar & Levine can fight to get you fair compensation. Get help from a Port Charlotte premise liability lawyer. To begin your free consultation with us, call us.
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