If you get hurt in a slip-and-fall accident in Orlando, Florida, you must be aware of the laws that apply to your case. Even to know whether you have a case at all, you must be aware of the laws. Also, you need to know the laws, regulations, and procedures to gauge whether you will need an Orlando slip-and-fall attorney to win your case.
The slip and fall laws of Orlando, Florida, are partly created by the legislature and partly by the court through case laws. Here is everything you need to know about the slip-and-fall laws in Orlando.
What are the Slip and Fall Laws in Orlando, Florida?
Florida is one of the few states that has its slip-and-fall laws written in detail and passed on by lawmakers. The state’s slip and fall laws are provided under (Source). The law clearly states that to win your case, you must prove that your slip and fall were a result of the negligence of the business or the owner of a property. The victim must also show that the other party had knowledge of the dangerous situation. The Florida slip and fall laws allow the victims to get compensation for a range of economic and non-economic damages. These damages include lost work, medical bills, and suffering.
What do You Need to Prove to Win a Slip and Fall Accident in Orlando, Florida?
The Florida slip and fall laws clearly state what exactly you need to prove to make claims for your case:
- You slipped on a substance
- You fell on someone else’s property
- The situation was dangerous due to the substance
- The dangerous condition was known by the property owner
- The owner needed to fix it
- The owner did not fix it
You can show some things to prove that it was the owner’s fault. You can try to prove that the situation had been there for a long time, so the wonder should have known it. You can also show that similar occurrences had been there, so the owner must have knowledge regarding this. Also, you can show that the owner knew about the condition and had reasonable time to fix it.
Common Slip and Fall Laws in Orlando, Florida
Not all slip and fall cases are the same, and thus the laws under the legislature cannot decide all cases. The judges for a particular case have the responsibility to decide a number of factors. These are known as common laws, and it generally adds details to the legislative law as the number of cases keeps on growing. The judges can decide the type of damages the victim should be compensated for.
Statute of Limitations
Slip and fall accidents come under personal injury, and thus the statute of limitation for these cases is 4 years. (Source) clearly states that the maximum time one has to file a slip and fall lawsuit is four years from the date of the accident.
Filing a Lawsuit
A slip and fall lawsuit begins with summons and conflict. The facts of the case must be included in detail in the complaint, and the case must be filed under the personal injury negligence laws. Issuing the lawsuit falls on the victim or the plaintiff. The victim should file their claim under the appropriate court and pay the filing fee.
Comparative Negligence
Another factor to keep in mind is the factor of comparative negligence in Florida. The concept of comparative negligence lies in the fact that in case of a slip and fall, you might share a percentage of responsibility. With shared responsibility, the amount the victim receives as compensation gets reduced.
How Long Do You Have to Visit a Doctor After Slip and Fall?
There are no regulations stating how soon to see a doctor after a slip and fall accident. But for safety purposes, you should see a doctor within 72 hours of the accident. If you see a doctor after that, the pain or other symptoms might reduce in intensity, and you might face difficulty in proving your case.
What if Your Slip and Fall was on Government Property?
The set of rules and regulations will differ from regular ones when the fall happens on government property. Or if the negligence of the government or a government employee caused the accident. Claim your recompensation from the relevant government agency with proper notice. Most injury claims on government properties are subject to a $200,000 damages cap.