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
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
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
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.
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
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
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.