Five Necessary Elements for a Successful Premise Liability Claim
Slip and fall accidents can happen anywhere. Premises that are not maintained have the highest risk of a slip-and-fall accident taking place. Property owners are expected to keep their properties in decent shape so that hazards are not present when individuals enter. Slip and fall accidents can not only lead to serious injuries, but for some people, these injuries can lead to death. For example, older Americans have a higher risk of suffering substantial physical bodily harm and death in a slip-and-fall accident. According to the Centers for Disease Control and Prevention, as many as three million individuals aged 65 and older will be injured from a fall accident that will require emergency treatment.
Obtaining the most compensation possible from an injury claim is always the goal when taking legal action after an unintentional injury accident. When filing a slip and fall claim, otherwise known as a premise liability claim, certain elements must have taken place for the claim to be successful and garner full compensation for victims. In Florida, the Tampa premise liability attorneys at Fulgencio Law can review your premise liability incident and advise you if you have a strong case to file a claim.
Elements of a Successful Premise Liability Claim
There are going to be certain aspects of your claim that must exist for it to not only be successful but also help you obtain the highest amount of compensation for all of your damages. The following elements make for a strong premise liability claim:
- Robust evidence not only shows that an injury happened on another entity’s property but also that the incident was a result of the property owner’s negligence.
- Medical records and documentation of injuries that transpired after a slip-and-fall incident.
- Proof that the property owner had a duty of care to a victim that they violated.
- The property was not taken care of in a reasonable way to keep it safe for people, or a specific hazard was known by the property owner but not addressed, and there were no warnings related to the known dangers.
- The victim did not know that there was a risk of harm if they entered the property. In other words, no assumption of risk existed.
These factors listed above are very important to file a claim that secures financial compensation for one’s losses, but it is also imperative to file a claim in the right amount of time. The Florida statute of limitations for filing a premise liability claim is four years from when the accident took place.
Speak with an Attorney at Fulgencio Law Today
Premise liability claims are types of personal injury claims. They follow the same statutes as other injury claims like car accident claims, for example, which limit a victim to only four years to take legal action. This is why having your case examined early to see if it has all the elements that make for a strong claim and also to get the process started so you do not miss the state’s statute of limitations is critical to put you in the best position for success. For more information and help with a claim, call Fulgencio Law today at (813) 463-0123 to schedule a free consultation with an attorney.
