Titusville Slip & Fall Attorney

Premises liability lawyers fighting for the injured in Brevard County

Both private and public locations have a legal duty to maintain safe properties for visitors or warn them of hazards. When those who own or control a property in Titusville, Florida, fail in this duty, slip and fall injuries can result. These are extremely common occurrences. The National Floor Safety Institute reported that slips and falls generate over 1 million emergency room visits annually. When the negligence of a property owner or controller caused you to slip and fall, you have a legal right to pursue compensation. Premises liability or homeowners insurance policies typically compensate accident victims. However, insurance companies profit when they avoid liability, and you may want the representation of a slip and fall lawyer to combat the forces aligned against you.

Potentially costly injuries

Falls can produce injuries that range from minor to very serious. Soft tissue injuries caused when you try to stop your fall can leave you in pain potentially for the rest of your life. Elderly people who experience broken bones, especially hip fractures, may have their lives shortened.

Slips and falls can result in:

Traumatic brain injury
Neck injury
Spinal injury
Torn rotator cuff
Sprained wrists and ankles
Knee injuries
Broken hip

Injuries of this nature will incur substantial medical bills. You may even lose quality of life due to lingering chronic pain. You may miss work for days or weeks. For some occupations, a slip and fall injury could end a career. A consultation with an attorney could inform you about the types of damages that you have a right to claim.

3 legal classes of victims

The strength of your slip and fall case may depend upon your legal status on the property at the time of the accident. According to Florida law, the 3 categories of people in these situations are:

Invitee
Licensee
Trespasser

As the word indicates, an invitee is someone who was asked to enter the property or implicitly welcomed on site. A party guest, customer, client or service provider, like a plumber called to fix a water heater, are examples of invitees. People in charge of a property owe the greatest duty of care to invitees.

A licensee fits into the gray area between someone who had a clear or implied invitation to enter the property and a trespasser. A licensee is not barred from entering a property. Examples include friends who stop by unannounced or a utility worker.

A trespasser has limited rights to compensation because the person did not lawfully enter a building or property.

Duty of care

Florida law requires property owners or those entities in control of a property to maintain a reasonably safe environment. A property controller should be aware of the status of the property and correct hazards that could cause people to slip, trip or fall. If a hazard cannot be immediately corrected, then a property controller should take steps to warn people entering the property about the danger. Failing to take appropriate steps to prevent people from encountering unexpected dangers could rise to the level of negligence.

Common sources of danger include:

Bad lighting
Broken or missing handrails on steps and stairs
Broken or uneven payment
Scattered debris
Wet floors
Exposed mechanical equipment
Sink holes
Broken elevators

Accidents do not automatically equal negligence. To illustrate that someone did not fulfill the duty of care, evidence must show that:

A dangerous property condition created risk for visitors.
A property owner either knew or should have known about the hazard but did nothing to fix it.
The slip and fall victim had no way to see or recognize the dangerous condition.

Insurance claims

Slip and fall accidents at a private residence may qualify you to make a claim on a homeowners insurance policy if one exists. Such a policy might have medical coverage benefits up to a certain limit to pay your medical bills even if negligence did not occur. To receive higher sums, evidence of negligence would be necessary.

Businesses and other public places carry insurance policies that cover their premises liability. Proving that the property controller failed to meet the legal duty of care will be central to succeeding with an insurance claim.

After a slip and fall, you may think that all you need to do is file an insurance claim. However, insurance adjusters always want to deny a claim or limit payouts. Ideally, you will talk to a lawyer before making any statements to an insurer or signing any paperwork. We can evaluate the evidence and insurance coverage and inform you about what you should get from a perspective based on your needs and not those of insurance company shareholders.

Statute of limitations

Florida law grants you 4 years to file a lawsuit against a property controller responsible for your slip and fall accident. If you wait too long, then the court will reject your suit.

Most slip and fall cases will end up settling with an insurance company. These issues may not proceed quickly. For that reason, you should seek legal advice and start an insurance claim as soon as you can. If an insurance claim fails, then your next option is filing a personal injury lawsuit. You will want time to prepare your case before the statute of limitations runs out.

Standard defenses against slip and fall claims

Legal representation could help you overcome any defense strategies the responsible party raises against your claim. A negligent party may resist liability by arguing that the hazard was open and obvious. Similarly, a defendant may insist that you understood and assumed the risk of entering a property.

Another very common defense involves blaming you. The defendant will try to cast you as the one who made a mistake or acted without caution.

Learn about your rights after a slip and fall

Although your pain and mounting medical bills naturally make you eager to settle an accident claim quickly, there could be pitfalls when you approach an insurer without benefit of legal representation. We can help you avoid them. We can also obtain vital insurance information from a property owner who is unwilling to disclose that information. You can schedule a free consultation with an injury lawyer at Couture Law P.A. Contact our office today.