Tavares, FL asked in Personal Injury and Landlord - Tenant for Florida

Q: A shelf in my apartment kitchen pantry fell hit me in my right leg and caused a blood clot to form. Can I sue?

Management was aware of the problem.

3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Were YOU also aware of the problem? If you were, the defendant may claim that you assumed the risk of injury.

Domenic J. Celeste
Domenic J. Celeste
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: Yes, you can sue. The real question is what, if anything, will you recover? A lot more information is needed to determine how much you may get if successful or if you may even be successful. Remember, there's something called comparative negligence, which reduces your recovery (if you go to court) by your own percentage of fault. The value of your case is based on damages including the cost of past and future medical care, past and future lost wages, pain and suffering, etc. There's no doubt that liability (fault) will be a hot topic on your case as well. I'd highly recommend that you consult with an attorney licensed to practice law in Florida and who regularly handles premises liability personal injury cases.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Orlando, FL
  • Licensed in Florida

A: Yes you can sue. A failure to inspect for hidden dangers is negligence on the part of the property manager. Your case value would depend upon the extent of your injuries. You should seek medical attention and follow your doctor’s orders so that your file can be documented. Retain counsel here in the Central Florida area for contingency fee representation, which means you don’t pay anything unless you win your case..

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.