You can sue for economic and non-economic damages, but you must prove a few things first regarding degrees of fault and the responsibility to maintain a safe premises, against your contribution to the accident under comparative fault.
If someone trips injuring themselves on a crack in a sidewalk, the property owner might be partially responsible, even if it is the city’s responsibility to repair broken sidewalks. It is important for property owners to report damaged sidewalks and put up danger signs for pedestrians. It is also good to have a homeowner’s policy guided by Florida Law that covers this type of claim in the event that the city if not responsible.
Danger of falls.
Falls caused 35,862 deaths in the United States in 2016 resulting in liability claims to insurance companies and litigation for wrongful death and personal injury. Falling at someone’s home can bring about a comparative fault claim based on a negligence action for damages. The fault will need to be determined by reviewing all of the factors that led up to the accident. A property owner is required to maintain safe conditions for visitors, but evidence must be gathered to support a claim of negligence including photos of the dangerous scene, witness testimony if someone saw you fall, accident reports, medical records and any evidence you can acquire about what caused your fall. The burden of proof is on you as the party trying to recover damages for your injury.
Florida Statute 768.81 addresses damages from a comparative fault claim. Under this statute a person can recover for injuries based on negligence and fault. If the homeowner had actual knowledge of the situation, they are accountable, and knowledge can be proven by showing that the dangerous condition existed for a certain amount of time to cause the damage and that its dangers were a well-known problem. In the State of Florida, the courts award both punitive damages and/or compensatory damages. Compensatory damages are those that will compensate a victim for a loss that can be measured or calculated; and punitive damages are those that will be a punishment to the person who caused the damage. Personal injury cases usually do not have punitive damages unless a willful act caused the damage. If the fall was caused by any action or inaction on your part, it may be considered an effect of contributory fault and the award of damages will be reduced by the assigned amount of fault placed upon the injured party.
Damages are classified as economic or non-economic.
Economic damages include:
- past and future lost income reduced to present value;
- medical and funeral expenses;
- lost support and services;
- replacement value of lost personal property;
- loss of appraised fair market value of real property;
- costs of repairs including labor;
- any other economic loss that would not have occurred but for the injury due to the dangerous condition.
Non-economic damages include loss that is not financial in nature such as:
- pain and suffering;
- loss of capacity to enjoy life;
- inconvenience caused by the accident.
In a negligence action, the court will award based on each party’s liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability. Homeowner’s insurance may cover some of the damages, and you have the right to sue to remedy damages not covered. A slip and fall injury can be very costly, whereby you will need the assistance of a personal injury lawyer.
Hire a Lawyer.
Please contact a personal injury attorney in Cocoa today at Templeton Law who will discuss the specifics of your case in detail, and the initial consultation is free of charge. It will benefit you to hire a qualified, skilled personal injury attorney who can help you gather the information needed to pursue your slip and fall injury case.
Templeton Law, P.A.
403 Brevard Ave Suite 2
Cocoa, Florida 32922
Email: [email protected]