Statute of Limitations for Boca Raton, Florida Slip and Fall Claims
Slip and fall claims fall under the broader category of negligence claims in Florida law. Florida law 95.11(3)(6) states that claimants of negligence have four years from the date of the incident to file a claim. Case proceedings may extend beyond this four-year window, but case filing must occur before this window closes.
Premises Liability and How Fault is Determined in Slip and Falls
Most instances of slip and fall accidents fall under the purview of premises liability. Premises liability refers to the duties and responsibilities of a property owner to maintain a safe space for visitors. Many of these duties are relatively straightforward – maintenance of even flooring and carpeting, upkeep and installation of handrails, even and well-maintained stairs, and other fundamental safety concerns.
Fault is determined based on proving that a property owner failed to uphold their responsibilities in maintaining a safe and secure environment. If a property owner knew or should have known that risks existed and failed to rectify them, fault would fall on them. If a property owner feels that the victim shared responsibility, they must, in turn, prove comparative negligence on the part of the victim.
Where do Slip and Fall Accidents Commonly Occur in Boca Raton?
Slip and fall accidents can occur virtually anywhere, but there are a few more common locations due to the presence of possible hazards:
- Sidewalks. Sidewalks deteriorate over time due to wear and tear. Pavement can crack and break, develop potholes, or shift due to tree roots and other environmental factors, increasing the risk of accidents.
- Parking Lots. Parking lot falls can occur for many of the same reasons as sidewalks. However, poor lighting and slick surfaces due to oil or water can also cause accidents.
- Restaurants, Grocery Stores, and Other Retail Shops. Heavily-trafficked public places are rife with possible environmental hazards. Spilled food and drink, damaged flooring, poor signage, and inadequate lighting may create space for accidents.
- Stairs. Loose or damaged stairs or carpeting, missing, damaged, or loose handrails, and insufficient lighting could make climbing stairs more treacherous than usual.
- Elevators and Escalators. Failure to dutifully maintain and inspect elevators and escalators could cause them to jerk or stop suddenly, increasing the risk of injury.
- Job Sites. There are many potential causes of job site injuries. Unsecured equipment like ladders and scaffolding, debris on floors and other instances of negligence could lead to severe injuries.
These are just a few common locations where slip and fall accidents occur. Even if this list doesn’t reflect your accident, it’s best to contact a lawyer.
Types of Injuries Caused by Slips and Falls
Injuries caused by slip and fall incidents can vary widely based on the specifics of the incident, but some common injuries include:
- Cuts, abrasions, and bruises
- Broken bones and teeth
- Damaged spinal cords
- Blunt head trauma
- Internal bleeding
- Permanent disfigurement or disability
These injuries can range from mild to severe and permanent. Cases where incidents are entirely preventable make these outcomes even more tragic.
Common Hazards Responsible for Slip and Fall Injuries
Numerous potential environmental hazards could cause someone to slip and fall:
- Unmarked wet floors
- Waxy or slick residue
- Unsecured equipment or debris
- Uneven or damaged flooring
- Bad lighting
- Broken or damaged stairs and handrails
- Faulty elevators, escalators, or conveyor belts
- Spilled food and drink
- Heavily polished marble or granite flooring
This list is by no means comprehensive. Documenting hazards that contribute to a fall with photographs can better illustrate the specifics of your case.
How Much Will My Settlement be for My Slip and Fall Injuries?
There’s no fixed amount for a personal injury settlement. The causes and severity of your injury will dictate your settlement amount. You may be awarded damages that include pain and suffering, emotional distress, lost wages, reimbursement of medical expenses, loss of enjoyment of life, and loss of future income.
With this wide variety of potential damages, there’s no way to determine a typical settlement amount. To ensure that you receive the maximum possible compensation, the best course of action is to retain an experienced attorney immediately following your accident.