Florida’s coastline is one of its greatest natural resources, attracting millions of visitors each year to enjoy its scenic wharves, piers and boardwalks. These structures are built for public enjoyment, but when they age or are not properly maintained for safety, they can easily turn into deathtraps. If you have slipped or tripped on one of these boardwalks, you may have a boardwalk fall claim in Central Florida – and knowing your rights is the first step.
At Dennis Hernandez Injury Attorneys, we’ve won millions and millions for clients injured all over the state of Florida, including victims hurt in dangerous public structures accidents. We fight to get you paid!
What Duty of Assumption Do Property Owners Owe in Florida?
Florida law on Premises Liability places an unmistakable duty on property owners to ensure their premises are safe for guests and the public. That includes periodic checks of such parks, repairs and making sure public areas like boardwalks, piers and docks are free of hazardous conditions. In the event they don’t fulfill their responsibility and someone is injured, the owner could be held responsible.
Pursuant to Florida Statutes § 768.0755, a property owner can be responsible for injuries in the event that there was a dangerous condition and it existed long enough so that they should have discovered it with reasonable care. The standard applies to private industry and public buildings that are open to the public and used by tourists all year round.
What Are Common Causes of Dock and Boardwalk Accidents?
Common Denominators for Dock Accident Injury Florida Some of the most common issues leading to dock accident injury Florida include one or more of the following:
- Rotting or warped wooden planks
- Wet and slippery algae-covered surfaces
- Missing railings or broken guardrails
- Inadequate lighting at night and in the early hours of the morning
- Warped boards or known trip hazards due to no maintenance
These incidents can result in broken bones, injuries to the spine as well as head trauma and even death through drowning. Too often, tourist zones suffer from mislaid maintenance because of a high level of foot traffic, increasing the risk that injuries will occur.
What To Do Directly After the Fall?
Act Quickly to Protect Your Rights – Evidence Can Disappear. To preserve your ability to receive compensation, it is important that you act quickly:
1. Seek Medical Attention
You never know – even if you feel okay, symptoms of head trauma, internal bleeding or fractures can present themselves post-accident. Another form of medical documentation is also basic evidence in personal injury suits.
2. Report the Incident
Let a manager, landlord or local police officer know. It’s a way of making sure that an accident is on the books and someone takes responsibility for it.
3. Document the Scene
Take photos with your phone of the ground where you fell. Photograph the fact that it was dark, wet wood or rain damaged, and no warning signs. These photos could become critical in proving fault.
4. Identify Witnesses
Ask nearby people if they saw the fall and obtain their contact information. Independent accounts can bolster your case and challenge any allegations you are personally at fault.
5. Call a personal injury attorney
Speaking to an attorney can help you learn what rights you have and how not to compromise your own claim.
What Do Plaintiffs Need To Prove in a Lawsuit?
In any Florida tourist accident liability situation, you and your attorney must establish:
- The owner of the property owes you duty to offer reasonable care.
- They violated that duty by not keeping the premises safe
- The breach of which was the direct cause of your injury
- You have objective harm (physical injury, lost income, emotional distress)
For instance, if a tourist falls as a result of slipping on an uncoated (or otherwise slick), or inadequately marked dock, an experienced personal injury lawyer could argue that the neglect to perform such maintenance was a direct cause of their fall.
What Damages Can You Recover?
Compensation: According to the Florida law crane accident when bringing a claim for dock accident injury, you might be eligible to recover compensation for;
- Emergency room and hospital expenses
- Surgery and rehabilitation costs
- Lost wages from missed work
- Pain and suffering
- Emotional distress
- Long-term disability or impairment
Such compensatory damages are designed to make you “whole” again — not just in financial terms but as an emotional and physical matter. If the event left permanent injuries or otherwise dramatically changed your life, such outcomes can figure into compensation.
What Is Comparative Negligence and How Does It Affect My Case?
Under§ 768.81, Florida applies a modified comparative fault arrangement. If you are determined to be partially at fault in your accident, your award will be reduced by the percentage of fault assigned to you. For example, you are awarded a judgment for $100,000 but found to be 20 percent responsible: you recover $80,000.
Which is why it’s so important to turn to a personal injury law firm with experience in fighting partial responsibility claims and ensuring that you get the maximum compensation for your injuries.
Are Tourists a Special Case?
Yes. If you are from out of state or surrendered your home elsewhere and were injured in the State, Florida courts maintain jurisdiction over the responsible party provided the accident take place inside Florida. These cases can sometimes be more challenging in the context of tourist accident liability Florida claims because of out-of-state insurance policies, but a skilled Florida attorney will assist you know the typical process.
You do not have to reside in Florida to file a claim for damages. And if you were injured at one of these locations, your property owner could potentially still be liable under florida law.
Can I sue a theme park after being injured on the boardwalk?
Absolutely. Some amusement parks include waterfront areas, piers or boardwalk attractions subject to the same premises liability laws. If your injury was the result of poor maintenance, you will probably be eligible to file a theme park visitor injury claim.
But under Florida law, all entertainment corporations still have a responsibility to make sure their walkways are sturdy, well-lit and free from hazards.
What Is the Deadline to File a Claim?
The vast majority of personal injury cases in Florida must be filed within 2 years of the date of the accident, according to Florida Statute § 95.11. Failure to meet this deadline can prevent you from recovering anything, no matter how badly hurt you were.
If you file suit against a public entity, there may be different notice requirements also pursuant to Florida Statute § 768.28. An attorney can help ensure that all paper work is filed correctly and promptly.
Why Are Boardwalk and Dock Injury Claims Often Complex?
Such cases often involve shared duties between:
- Private business owners
- Local municipalities
- Maintenance contractors
- Event organizers
Proving who was legally liable at the time of injury can be challenging without delving into contracts, maintenance records and inspection documents. That is why it’s important to work with a personal injury law firm familiar with these sorts of claims.
What Is the Role of Expert Testimony?
It is useful to bring in, in many instances:
- Engineers to analyze structural issues
- Medical professionals to confirm injuries and enduring consequences
- Safety consultants to assess compliance with the applicable municipal building codes
These professionals can offer trial testimony to illustrate how a hazard was the direct cause of your injuries and what the property owner could have and should have done differently.
What Can Dennis Hernandez Injury Attorneys Do for You?
We get it — we know that falling suddenly in public is a traumatic and difficult experience to fight back against by yourself. Our attorneys will take the time to review your case in detail, battle insurance companies or try your case if need be.
We’ve recovered millions and millions of dollars for clients throughout Florida who were injured as a result of negligence. Whether it is a boardwalk fall lawsuit in central Florida, theme park injury or slip and fall on the water we have what is needed to win.
We fight to get you paid!
Concluding Remarks on When to Seek Justice After a Fall in Tourist Areas
If you were injured on a touristy flower pandwalker in addition dd jetty, don’t l’s ef the property owner or corporation push brush your accident under rrug. Let’s Make Sure You Can Pursue Justice under Florida Law. Whether you are seeking compensation from an amusement park injury or form where a public boardwalk is to blame for an injury, we can help.
Call today to speak with an experienced personal injury attorney – (800) 883-4149. We’re here at Dennis Hernandez to support you and fight to make sure that these negligent parties are held responsible.
Recommended reading
- National Safety Council: Falls in Public Places
- Can a Pedestrian Cross a Road Without a Crosswalk?
- Can I Sue After a Slip and Fall Accident in Florida?
- Car Accident Injury Guide – Video
- Car Crash Lawyer’s Essential Guide: How to Avoid Accidents During Holiday Travel in Florida
- Common Causes of Bicycle Crashes in Florida