Personal injury accidents can happen anywhere, and often when you least expect them. You may be out grocery shopping or running errands, on vacation with your family, or doing work around your home, such as cutting the grass or making dinner. All of a sudden, an accident happens. You slip on a wet floor, get hit by a falling object, or have a defective product explode or backfire in your hands. All of these types of incidents have two things in common; they all can result in serious injuries, and in most cases, they were not accidents. In many personal injury cases, what people refer to as an accident is actually the result of someone else’s reckless or negligent conduct. The following is what Florida law has to say about negligence, as well as information on how you may be entitled to damages, even if you suspect you are partially to blame for your injuries.
Florida Law Concerning Negligence
According to Black’s Law Dictionary, the legal definition of negligence is failing to do something a reasonable person would do under similar circumstances, or doing something a reasonable person would not do if put in the same situation. Examples of negligence include the following:
- A store employee who fails to put a ‘wet floor’ sign near an area he recently mopped;
- A restaurant manager who allows unsafe food storage and handling conditions to exist;
- A landlord who fails to ensure proper railings on stairwells;
- A hotel manager who fails to warn guests of areas under construction;
- A manufacturer who fails to correct a potentially dangerous defect in a product or issue a recall; and
- A store owner who continues to sell a defective product, even after it has been recalled.
All of the above could result in potential injuries to others, and may be the basis for an insurance claim or personal injury lawsuit. Under Section 768 of the Florida State Statutes, if a person’s negligent actions resulted in injuries, they can be held liable for damages, including medical expenses, lost wages, and pain and suffering resulting from the injury.
What If I Was Partially At Fault?
Oftentimes, people blame themselves, and feel they may be partially responsible for an accident or injury occurring. Statements such as, “I should have been more careful” and “I wasn’t watching where I was going” are common, and while in some cases they may be true, that still does not excuse the other person’s negligent behavior. Under Section 768.81 of the Florida Negligence Statutes, contributory fault is the term the court uses for when more than one party is responsible for an accident occurring. In person injury cases, more than one person may be to blame for your injuries, and liability would be according to each party’s share of blame. Likewise, if you were found to have contributed or been partially to blame for the accident in which you were injured, you may still be able to get compensation for your injuries, but the amount could be reduced according to your percentage of blame.
Let Us Assist You Today
If you or a loved one is injured in an accident or as the result of someone’s negligence, contact our experienced Florida injury attorneys today. At Hogan Frick, we advise clients on how to get the compensation they deserve for their injuries, while insuring their rights and interest are protected. With offices in Orlando, Gainesville, Ocala, Kissimmee, and Lakeland, we are available to help; call or contact us online for a free review of your case.