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The Most Common Defenses in Slip, Trip and Fall Cases
If you are pursuing a slip and fall claim, it’s important to understand what defenses you may come up against in your case. Property owners who are being sued in a premises liability case will do anything they can to either reduce liability for the incident or avoid it completely. Since most businesses, cruise lines, and property owners will have legal teams on their side, it is important that you, too, have the best case possible prepared to receive compensation for your injuries and damages.
Statute of Limitations
A premises liability case may be dismissed from the very start if you filed it outside of the statute of limitations. These statutes are strictly followed by courts with very few exceptions allowed. All states have laws on the books which put a limit on when you can pursue a certain type of legal case, otherwise known as a statute of limitations. If you wait too long and fall outside of that period, you will be barred from pursuing a legal claim. In Florida, any person who is injured in a slip and fall must file a lawsuit against the property owner within four years from the date of the fall. This does not mean your case needs to be finalized within four years, but you should at least have filed a legal claim within that time to initiate the process.
Comparative Negligence
One of the more common defenses raised in a slip and fall case is the defense of comparative negligence.This defense involves arguing that the injured party is partly or completely at fault for causing the accident. The reason the injured party could be at fault could involve several issues. In situations where the hazard or danger that caused the injury was “open and obvious,” but you were distracted by something else, causing you to fail to notice it, you may be held partially liable for your injuries. Therefore, under the principle of comparative negligence, your award in an injury case would be reduced by the portion for which you were at fault.
Florida happens to operate under the principle of pure comparative negligence. What this means is that your award will be reduced by the percentage of blame you held in the accident, and you will always receive the remaining percentage back. You will receive some amount of your award, even if you are found to be more than 50 percent to blame for your accident. Even if you are 95 percent to blame for your accident, you can still receive five percent of the total award that would have been issued to you.
A Detailed Overview of Miami Cruise Ship Accident Lawyer
At the Delgado Trial Attorneys, our Miami cruise ship accident lawyer and personal injury lawyer started our combined law practice in Miami, Florida. Our personal injury law firm has over a half century of combined personal injury law experience. We have been fighting for the rights of the injured and neglected since 1977.
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Our Miami cruise ship accident lawyer can help you secure the justice and compensation your case entitles you to. Moreover, our industry experience includes previously defending the major cruise lines, their insurers known as Protection & Indemnity cluabs and underwriters.
Above all else, our experience as a Miami cruise accident lawyer allows us to effectively strategize and advocate for every client we represent. That’s why, we understand every case and every client is different. In fact, we believe that the only way to ensure the recoveries we obtain for our clients can be achieved is through collaboration. Miami Child Injury Attorney
Cruise Ship Passenger Accidents
Our unique experience defending the major cruise lines gives us an insight into the best strategies for maximizing the compensation we get for our clients. That experience allowed us to see every different type of accident that typically occur onboard cruise ships.
However, regardless of the cruise line or specific cruise ship, slip and fall accidents and trip and fall accidents are consistently the most common cruise ship passengers accidents that cause serious personal injury. Check Cruise Ship Accident Lawyer Miami
In fact, slip and fall accidents and trip and fall accidents occur regularly on most oceangoing vessels and cruise ships are no different. According to the UK Protection & Indemnity Club, one of the world’s largest P&I Clubs that includes many cruise lines operating today, these accidents represent nearly one third of all catastrophic injury claims in the maritime environment. Check Tender Boat Accidents
Florida’s Laws For Injured Children
Common child injuries occur from falls on playgrounds, defective or dangerous toys, school bus accidents, car accidents, and inadequate care or supervision. The ability to recover damages depends on the type of accident, how severe the injuries are, and who was to blame. Check Bicycle Accident Attorney Miami
According to Florida law, a child who has been injured has a legal right to be compensated for the damages sustained due to the negligence or intentional wrongdoing of another.
School, Daycare and Summer Camp Accidents & Injuries
Injuries occurring at school, daycare, or summer camp are more common than most people think. Parents assume that their child will be taken care of when placing them in the care of another person or group of people at a camp, daycare, or other supervised program.
Under Florida law, licensed daycare and educational facilities must follow all state laws and local ordinances, including remaining up to code. Unfortunately, accidents happen, especially if children are not properly supervised by the adults in charge. Check attorney at silversea cruises
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