Boca Raton, FL – One of the most common types of personal injury cases is when someone falls and gets hurt due to property that is not properly maintained. An accident victim needs to ensure that they can meet certain requirements to bring the case and be successful in their lawsuit. It is possible for victims to be compensated for medical treatment and other kinds of financial losses if they can satisfy all of the elements of the case.
Identification of the party at fault
Situations where someone falls because they are clumsy or for other personal reasons will not result in a successful lawsuit. The victim must identify another person, business, or other entity that left their property in an unsafe condition which led to the injury. This party will be named as a defendant in the lawsuit, and they will be given an opportunity to show that they maintained the property as required as part of their defense case.
A slip and fall along with many other kinds of injury lawsuits are brought under the doctrine of negligence. This is when a person or business was not careful enough and caused harm to others. Their actions do not have to be intentional in a negligence lawsuit, as intentional actions that end up in civil court are covered under different tort law doctrines.
Proof of negligence
In order to show that negligence actually happened, the property owner must have some kind of knowledge or notice that their space was unsafe, yet they chose to leave it in that condition. In other words, if a hazard developed that caused a slip and fall injury just seconds later, the property owner cannot be found to be negligent because they had no opportunity to clear the area. The plaintiff must show that the owner could have or should have prevented the conditions that led to the injury.
Filing the case within the proper time period
Florida has a longer statute of limitations on slip and fall cases than many other states. The victim usually has four years from the date of the incident to bring their lawsuit. If the statute of limitations has already passed, then the victim is out of luck. Because there is a timeframe of several years, it is common for injury lawsuits to be filed months or a couple of years later if injuries or health problems are not apparent immediately after the accident.
Slip and fall attorneys are available
Rosenberg Injury Law is a respected firm that helps people in Boca Raton and nearby parts of Florida. Local clients can contact them to schedule a meeting for more information.
Firm contact info:
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487