During the holiday season, many people in Florida and across the United States spend time in malls and stores as they buy gifts for their loved ones. Consumers are more likely to be focused on their shopping list than focused on the hazards that could injure them inside the store. The reality is that holiday sales attract large crowds who often descend into the store as soon as the doors open – creating a dangerous situation for everyone involved. If you or someone close to you has been injured in a holiday shopping accident, you may be entitled to compensation.
While the types of injuries that a person may sustain in a store may vary, the most common type of holiday sale accident involves a slip and fall. Property owners in Florida have an obligation to keep their premises in generally safe repair in order not to injure those who enter the property. Under Florida law, “invitees” are individuals who enter the property for business purposes, such as customers and employees of independent contractors. The property owner owes these individuals an extremely high duty of care. Specifically, when it comes to invitees, the property owner must: i) warn them of any concealed dangers that are known or should be known to the property owner and that are unknown to the invitee and cannot be discovered through the exercise of ordinary care; and ii) use ordinary care to keep the property in a reasonably safe condition.
It is important to note that victims hurt in holiday sales accidents only have a limited amount of time to file a lawsuit, known as the statute of limitations. Under Florida law, a plaintiff typically has four years from the date of the accident to file a civil lawsuit. If the plaintiff fails to file within this time frame, the court will likely refuse to hear the case.
Holiday sales accidents can result in varying injuries. An injured victim in Florida may be able to recover a variety of economic and non-economic damages, including medical expenses, rehabilitation costs, therapy bills, pain and suffering, lost income, and more. In cases in which you have lost a loved one, you may be able to recover wrongful death damages, such as funeral and burial costs, loss of companionship, loss of future income, and more.
While the holidays can be a fun and festive time, the reality is that many people sustain injuries in commercial spaces around this time of year. If this has happened to you or someone you love, it is important to consult a Miami premises liability attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we are committed to protecting the rights of our South Florida clients. You can rest assured that we will provide dedicated representation to you at each and every step of the way. To discuss your case in more detail, do not hesitate to call us at 1-877-499-HURT (4878) or reach out to us online today.
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