When loose floorboards cause a slip and fall injury at public establishments in Florida, victims have the right to hold the property owner accountable under Florida Statute 768.0755. The statute states that “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.”
With the help of a Port Charlotte loose floorboards lawyer, you may be able to prove that the property owner should have been aware of this condition if it had existed for a long period of time before your accident took place. You may also be able to prove that this condition had occurred with regularity and was thus a foreseeable accident.
According to the Centers for Disease Control and Prevention (CDC), three million older Americans are sent to the emergency room every year due to a fall injury. If you or a loved one recently required medical attention after suffering injuries from a loose floorboard at a public establishment in Port Charlotte, the Law Offices of Anidjar & Levine can pursue compensation on your behalf.
You and your family do not have to muddle through the legal process alone. A Port Charlotte loose floorboards lawyer is ready to assist you. Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for a free case evaluation.
Proving Liability and Negligence During Slip and Fall Injury Cases
As stated in Florida Statute 768.0755 property owners have a duty of care to keep their premises reasonably safe and free of hazards or conditions that could lead to accidents. In the event that a dangerous condition does arise, such as loose floorboards, the property owner must take quick action to avoid any potential injuries to their guests. If it can be proven that the condition has happened on a regular basis, the hazard could be deemed foreseeable. This would give further proof that the condition was avoidable.
In the event that the property owner cannot address the problem in a short amount of time, they have a duty to inform visitors of the danger. This could happen in the form of a visible sign near the loose floorboards or by closing off the area with notice signs addressing the condition.
If the property owner fails to conduct these measures, they may be found liable for your injuries. With the help of a Port Charlotte loose floorboards lawyer you may be eligible to pursue compensation from this liable party with a personal injury claim. However, you can typically only receive compensation for your injuries when deemed an “invitee” or a “licensee,” according to the Florida Bar.
An invitee is a guest to an establishment, such as a customer at a hardware store. A licensee is someone who is considered an event guest to the establishment, or it could be someone that enters an establishment to use their restroom or phone.
Damages You May Be Entitled to Receive
Following a slip and fall injury in Port Charlotte, you may be left with a variety of injuries. Our team may be able to help you recover compensation from the liable party responsible for the loose floorboards that caused your accident. While looking to recover compensation, the Law Offices of Anidjar & Levine can monetize all of your damages and present your settlement demands to the opposing insurance company or legal team.
Some of your damages from a loose floorboard injury may include, but are not limited to:
- Current medical costs
- Future medical costs
- Lost wages
- Missed future wages
- Loss of consortium
- Property damage
- Pain and suffering
- Emotional distress
With proper medical evidence, our attorneys can help you prove that you suffered related injuries that you are looking to be compensated for in a personal injury claim. Without medical records, it may be difficult to prove your claim.
You may also need witness testimony to prove that you were an invitee or a licensee and not trespassing. Testimony from an eyewitness can also prove that you were injured through no fault of your own due to the property owner’s negligence in addressing the loose floorboards.
According to Florida Statutes 95.11, the statute of limitations to file a personal injury claim based on negligence is within four years. This gives you some time to gather all necessary evidence and testimony before presenting your claim against the property owner. Although it is best to file a claim as soon as you are able after the accident while the details of what happened are still fresh in your mind. Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for a free case review.
Acting as a Trespasser
If it is discovered that you acted as a trespasser on the owner’s property, you may miss out on your legal recourse opportunities with a personal injury claim. Property owners are generally not liable for injuries inflicted upon a trespasser, because they are not required to provide a duty of care.
If you were not a trespasser, you would still have to prove that the property owner owed you a duty of care at their establishment. Other elements you must prove under the basis of negligence are a breach of duty, causation, and damages that you have suffered due to the conditions.
Additionally, if you ignored any warning signs while still acting as an invitee or licensee on public property, a Florida court might also find you to be partially responsible for your injuries.
Reach Out to a Port Charlotte Loose Floorboards Lawyer Today
At the Law Offices of Anidjar & Levine, we can investigate your premises liability claim during a free case review to determine if you have a legitimate case against a property owner. We can help you establish negligence and help you prove that the property owner had previous knowledge of the hazard or condition. To begin your free consultation, call a member of our team today at 1-800-747-3733. We go the extra mile for victims injured by someone else’s negligence.
We Can Help.
