CRITERIA FOR FILING A CLAIM
In the case of a business, Florida Statute 768.0755 spells out the circumstances under which a person may have the right to file a claim. You would need to prove the business establishment had knowledge of the situation that led to your fall. If the dangerous condition was one which had been in existence for a period of time, such that the business should have known about it, that would be grounds for a claim against them. If it were a hazardous situation that occurred on a regular basis and was foreseeable, the business would also be liable.
MAKING A CASE FOR TRIP AND FALL
You can readily see that in the case of a hazardous situation that occurs with regularity, the counterclaim could be made that you knew it was a bad situation, so you should have avoided going that way. Companies are going to spend as little as possible and if blaming the victim will do the trick, then that’s what will happen.
Proper representation, with an attorney who knows how to research the circumstances and make a solid case for the client, is crucial in these types of situations. Settlement sums will be offered, but they may not cover the expenses of the injuries and inconvenience caused by a trip and fall.
THE STATUTE OF LIMITATIONS
It is important to file a claim in a timely manner. The statute of limitations on slip and fall cases is four years. If you don’t file within that time, you will not be able to make a claim. For the best outcome, find a well-qualified lawyer who has experience working with such cases. Not only will your claim be filed on time, but you will also have the knowledge that someone is working on your behalf.
Making a case for injuries caused by a trip and fall can be complex. The attorneys at Frohlich, Gordon & Beason, P.A., specializing in personal injury law and are adept at building well thought-out cases. We serve the southwestern Florida area through our conveniently located offices in North Port, Englewood, and Port Charlotte. Call us for a free initial consultation.