Accidents happen, and sometimes they result in serious slip and fall injuries. If you or someone you know has been hurt in a fall in Florida, it is important to understand both the deadline for filing a lawsuit and the evidence that may be required to establish liability.
Statute of Limitations for Slip and Fall Lawsuits in Florida
Florida law generally requires negligence lawsuits accruing after March 24, 2023 to be filed within two years. Slip and fall claims are usually based on negligence, so this two-year limitations period will commonly apply to newer claims.
Claims that accrued before March 24, 2023 may be governed by the prior four-year limitations period. The correct deadline depends on the date the claim accrued and the type of defendant involved.
Missing the applicable filing deadline can prevent an injured person from pursuing the claim in court, so it is important to determine the deadline early rather than assume that a general time period applies.
Special Rules and Exceptions
Certain circumstances can affect the normal filing deadline or impose additional requirements.
Government entities: Claims involving state or local government property may be subject to separate statutory notice requirements and different procedural rules. These claims should be evaluated promptly.
Minors and other tolling issues: Florida law contains limited tolling provisions that can affect the running of a statute of limitations in specific circumstances. These rules are fact-dependent and should not be assumed to extend every claim involving a minor.
Requirements for a Slip and Fall Lawsuit in Florida
A Florida premises liability claim generally requires evidence showing that the person or entity responsible for the property owed a duty of care, breached that duty, caused the injury, and caused compensable damages.
Duty of care: The property owner, occupier, or other responsible party may owe lawful visitors a duty to maintain the property in a reasonably safe condition and to address or warn about certain dangerous conditions.
Breach of duty: You must show that the responsible party failed to act reasonably under the circumstances. The specific proof depends on the type of property and the hazard involved.
Knowledge of a dangerous condition: If the fall was caused by a transitory foreign substance in a business establishment, Florida Statutes section 768.0755 requires proof that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be shown by evidence that the condition existed long enough that the business should have discovered it or that the condition occurred regularly and was therefore foreseeable.
Causation: You must establish that the dangerous condition and the defendant’s failure to address it caused your fall and resulting injuries.
Damages: A supported claim may include medical expenses, lost income, reduced earning capacity, pain and suffering, and other recoverable losses depending on the facts and applicable law.
What If You Were Partly at Fault?
Florida uses a modified comparative fault system. If you are found partly responsible for your own fall, your damages can be reduced by your percentage of fault.
For example, if your damages were valued at $100,000 and you were found 20 percent at fault, the recoverable amount would generally be reduced to $80,000.
In most negligence actions covered by Florida Statutes section 768.81, a claimant who is found more than 50 percent at fault for his or her own harm cannot recover damages.
Evidence such as photographs, surveillance footage, witness statements, incident reports, maintenance records, inspection logs, footwear, lighting conditions, and the length of time a hazard existed can all affect how fault is allocated.
How Serrano Law Can Help With a Florida Slip and Fall Claim
If you or a loved one has been injured in a slip and fall accident in Florida, Serrano Law can review the circumstances of the fall, the applicable filing deadline, the available evidence, and whether the property owner or another party may be legally responsible.
Because evidence such as surveillance footage and maintenance records can be lost or overwritten, it is important to investigate a serious fall promptly.
Contact Serrano Law for a consultation to discuss the circumstances of your claim and the legal options that may be available.
