Continue reading to learn under what circumstances a property owner can be held liable for uneven flooring on their premises and how an experienced Tampa slip and fall lawyer at Merricks Law Group, P.A., can help with your potential case against them.
When is a property owner at fault for uneven flooring on their premises?
Claiming that you slipped and fell on an uneven floor may not be enough to win a case against a property owner. That is, you must build a strong argument based on the following sequence of elements:
- You must prove that the property owner knew or should have reasonably known about the uneven flooring on their premises.
- i.e., they failed to conduct a routine inspection and properly identify this potentially hazardous condition.
- You must prove that the property owner failed to address the uneven flooring issue on their premises adequately.
- i.e., they failed to install proper barricades around it, post clear warning signages next to it, etc.
- You must prove that you were a welcome visitor on the property owner’s premises.
- i.e., you stay within your scope of invitation while navigating the premises.
- You must prove that you slipped and fell over the uneven flooring on their premises.
- i.e., the flaw in the flooring was unidentifiable or unavoidable even with reasonable inspection.
- You must prove that you incurred serious bodily injuries and now have economic and non-economic damages.
- i.e., your injuries and damages are exclusively linked to your slip and fall accident on their premises.
How much time do I have to address my slip and fall accident claim?
Once you have lined up all the necessary evidence for your case against a property owner, you should bring forward your slip and fall accident claim. This is because the statute of limitations in the state of Florida for this claim type is two years. Meaning, two years from your slip and fall accident date or the date you reasonably noticed your incurred bodily injuries.
Importantly, though, there is another deadline to consider if the negligent property owner in question is a city, county, or state entity. That is, the uneven flooring was present on a public sidewalk, inside a government building, etc. This is because you must first file a Notice of Claim with this entity to give them a “heads up” on your intention to sue.
Of note, this notice must be sent within three years of your accident date or the date you identified your injuries. It may then take up to 180 days for the entity to send its response, if it decides to do so at all. You must understand that these extra steps do not push back or extend the enforced statute of limitations for your slip and fall accident claim.
Do not let your legal initiatives stop after reading this blog. The next action you should take is calling us at Merricks Law Group, P.A., and retaining the services of a skilled Pasco County personal injury lawyer. Rest assured, we will take the reins from here on out.
