While there are many types of premises liability cases, ranging from elevator accidents to negligent security claims, these types of cases most commonly involve slip and fall accidents. Under Florida Law, those injured in a premises liability accident have up to 4 years to file their claim. Florida is a comparative negligence state, meaning you receive a percentage of the money awarded to you based on the percentage of negligence other parties are responsible for. For example, if the court deems your injuries worth $100,000 and the property owner is seen as 75% at fault, you will receive $75,000. This means it is vital to speak with an attorney before you answer any questions that may show you are partially at fault for your injuries.
Highlighted Slip & Fall: Hospital/Nursing Home
We often entrust hospitals and nursing homes to return us to health, but these establishments are also often negligent in safely maintaining their properties. Because of this, over 1 million falls occur in hospitals every year, with many resulting in serious head injuries and bone fractures. The consequences of these incidents in nursing home falls are even more dire as 20% of fall-related deaths occur in those that are 65+.
Common negligent causes of falls in hospitals and nursing homes include:
Tripping hazards and clutter in rooms and hallways
Lack of bed rails
Improperly adjusted wheelchairs
So what should you do if one of these care facilities doesn’t keep you safe? If you or a loved one are injured on the premises of a hospital or nursing home, fill out our online form for a free, no obligation case review today.
Elements of a Slip and Fall / Premises Liability Claim
A property is considered dangerous if it presents an unreasonable harm to people on the property and if those people could not have anticipated the condition. If you have suffered an injury on a property that meets these criteria, you may have a claim for your damages. To prove your case, we will need to prove that the property owner knew of the dangerous condition and did not repair it or notify visitors of the condition.
In addition, the law in Florida imposes a duty on property owners to keep their premises free from any hazards that might attract and injure children. This means that property owners can be held liable for injuries that occur to trespassing children who are hurt by unsafe property conditions, such as inadequately secured pools and trampolines.