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estatute of limitation on slip and fall ?

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mexicutie

Guest
What is the name of your state? Florida

My 3 year old son fell while in a fast food restaurant chain on 10/11/98. He lacerated his chin and stitches were required.
On first visit to the dentist I was asked if he had been in an accident because his tmj comes out of joint. I was able to feel how it pops out on a manual demonstration. I was also informed that based on this he will need braces.

Is it too late to file for a lawsuit? :confused:

Thanks in advance for your advise.
 


I AM ALWAYS LIABLE

Senior Member
mexicutie said:
What is the name of your state? Florida

My 3 year old son fell while in a fast food restaurant chain on 10/11/98. He lacerated his chin and stitches were required.
On first visit to the dentist I was asked if he had been in an accident because his tmj comes out of joint. I was able to feel how it pops out on a manual demonstration. I was also informed that based on this he will need braces.

Is it too late to file for a lawsuit? :confused:

Thanks in advance for your advise.
My response:

No, it's not too late. The Florida Statute of Limitations on Personal Injury is 4 years from the date of injury. I could not locate any Statute that would "extend" the Limitations period for a minor; but, there could be - - it's just that I couldn't locate one.

Be that as it may, and even if the Statute isn't extended due to minority, you'll be fine if you file a Civil Complaint for your son prior to October of this year.

The problem with such a lawsuit, however, is proving the "reason" for your son's incident, and that the reason was due to some negligence on the part of the property owner.

Could your son have fallen due to his age? Was it due to the shoes he was wearing? Was he running around unattended when the incident happened? If these, and other matters were not the problem, could it be that the reason for his incident was as the result of some dangerous condition of the premises? If so, did the premises owner have "prior notice" of the dangerous condition?

Okay, then your next problem would be to be able to prove that your son's current jaw problems were as the result of the incident that happened nearly 4 years ago. Remember, the evidence is now old, and any independent witnesses are surely gone - - or, if they're still available, whether they'd be able to "remember" the incident and the specifics about it after so many years have passed.

In summary, a slip, trip and fall type incident is an uphill battle, and the ability to prove "Notice" and "Negligence" are, at the very least, daunting.

If you can't prove these items, then your son's potential lawsuit will fail. But, see a nearby Personal Injury attorney as soon as possible so that his rights in this matter might be protected.

Good luck to you, and your son.

IAAL
 
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plifter

Guest
Don't listen to anything this guy says. He's not a real lawyer.
 

I AM ALWAYS LIABLE

Senior Member
My response:

. . . as opposed to a "fake attorney"?

plifter doesn't like me too much. That's because I don't agree with him when he says - -

"Sometimes I like to jack off while I'm driving and the tinting gives me a bit of privacy."

- - By member "plifter," February 24, 2002

IAAL
 

nailtech

Senior Member
I AM ALWAYS LIABLE said:
My response:

. . . as opposed to a "fake attorney"?

plifter doesn't like me too much. That's because I don't agree with him when he says - -

"Sometimes I like to jack off while I'm driving and the tinting gives me a bit of privacy."

- - By member "plifter," February 24, 2002

IAAL

you don't agree, because you think he does it all the time with or without tinted windows right?

and they talk about women drivers putting on make-up while driving... :rolleyes:
 

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