How long do I have to file a premises liability claim?
Under Florida Statutes Section 95.11, the general statute of limitations is two years from the date of injury. Claims against government entities have shorter notice deadlines that must be met before the limitations period expires.
What if the property owner says I should have seen the hazard?
The defense will argue comparative negligence, claiming you should have noticed and avoided the dangerous condition. Even if you share some fault, you can still recover compensation under Florida law, reduced by your percentage of responsibility. An experienced attorney counters these arguments with evidence showing the property owner’s failure to maintain safe conditions.
Can I sue a government entity for a dangerous property condition?
Yes, but claims against government properties are subject to mandatory pre-suit notice requirements, specific procedural rules, and potential damage caps under Florida’s sovereign immunity statute. Consulting an attorney immediately is essential.
What do I need to prove?
You must prove that a dangerous condition existed, the property owner had actual or constructive knowledge of it, the owner failed to fix the condition or warn visitors, and the condition caused your injury.
What is premises liability?
Premises liability is the legal principle that holds property owners responsible for injuries caused by dangerous conditions on their property when the owner knew or should have known about the hazard and failed to correct it or warn visitors.
How long do I have to file a slip and fall claim?
Under Florida Statutes Section 95.11, the statute of limitations is generally two years from the date of the fall. However, evidence begins disappearing within hours, so contacting an attorney immediately gives your case the strongest foundation.
What evidence helps prove a slip and fall case?
Surveillance footage, maintenance and inspection logs, incident reports, photographs of the hazard and scene, witness testimony, your medical records, and expert testimony about reasonable maintenance practices all strengthen your claim.
Can the store blame me for not seeing the hazard?
The defense will argue comparative negligence, but the primary responsibility lies with the property owner to maintain safe conditions. Your compensation may be reduced by your percentage of fault, but you are not barred from recovery under Florida law.
What should I do immediately after a slip and fall?
Report the fall, seek medical attention, photograph the hazard and your injuries, collect witness information, preserve your clothing and shoes, and contact an attorney before speaking with the property owner’s insurance company.
What must I prove in a Florida slip and fall case?
You must prove that a dangerous condition existed, the business had actual or constructive knowledge of it, the business failed to correct the condition or warn visitors, and the condition caused your injury. Constructive knowledge can be shown by demonstrating the hazard existed long enough that the business should have discovered it through reasonable inspection.
