Tampa Area Slip and Fall Liability
If you are injured on someone else’s property, you may have a claim for premises liability. Slip and fall are probably the most common of the premises liability injuries. These can occur on private property, commercial property, or in some cases, governmental property. To have a case for slip and fall injury, the property owner must demonstrate responsibility for the condition. You must have been injured. Here are some guidelines for Tampa Area Slip and Fall Liability.
Private Residences including Rentals
In a previous blog, we discussed the kinds of conditions that might cause a slip and fall injury. You must be able to show that the land owner is at fault. These include:
- Owner controlled or created the condition that caused injury
- The owner knew the condition existed and didn’t repair it
- Repairing the issue would not have been unreasonably expensive or difficult
- A serious injury was an obvious outcome not repairing the condition
- Failure to take reasonable steps to avoid an accident that resulted in slip and fall injury
For a property owner to be held liable, the plaintiff must show that the injury was foreseeable his/her negligence would create a dangerous situation.
For businesses to be liable, the plaintiff must show that the owner or an employee was responsible:
- For the spill, damaged flooring, or other slippery or dangerous surface
- To have known about the dangerous surface and did nothing about it
- To know of the dangerous surface because a “reasonable” person would have discovered and removed/repaired it
Common sense and reasonableness for responsibility decide Liability in “should have known” cases.
Special rules apply for property owned by local, state, or federal government entities. In Florida, a plaintiff can file a claim if:
- Negligence, wrongful act or omission caused the injury (i.e. car accidents and medical negligence)
- Money damages can compensate the claimant’s losses (most negligence cases)
- The employee is liable as a private party (not as a government agency employee)
However, there are limitations on the kinds of claims that can be filed. For instance:
- Unless the employee caused harm intentionally, claims must be filed against the employing government body or agency
- Damages against Florida government are limited to $200,000 for claims against a single entity
- Damages are limited to $300,000 total for claims against multiple state entities
- Pre-judgement punitive damages or accrued interest cannot be awarded
- The state may appeal any resolution
There are additional limitations for claims against state universities, law enforcement, public hospitals and clinics, and the Florida Space Agency. Florida Department of Corrections claims have a special time limitation.
Tampa Area Slip and Fall Liability
There are time limitations for Tampa area slip and fall liability. Don’t delay if you believe you have a claim. Contact a personal injury lawyer like Brian Hoag. Your first consultation is always free.
About Brian Hoag
Hopefully, you will never be in a position in which you need the legal services of a Tampa personal injury lawyer that specializes in Tampa area slip and fall liability, but if you do, please give Hoag Law Firm a call or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced attorney at your side, you can recover the largest possible settlement. You’ll love the relief of getting back to living your life.