tripped off someone’s deck, broke ankle, can i file any claim against property owner?

happened in Fl at a rental property, ER treatment for ankle

Asked on June 27, 2009 under Personal Injury, Delaware


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Florida has a 4 year statute of limitations for slip and falls.  A property owner in Florida owes two duties to persons legally on the property - 1. to maintain the property in a reasonably safe condition, and 2. to warn people of dangerous conditions that are not obvious or apparent.  You may have a claim if there was some problem with the deck or deck design (are railings required?)that caused you to fall.  If your fall was caused simply because you did not pay attention when you were walking on the deck and fell, then you may not have a claim.

You need to take all the information plus pictures of the area where it happened and the condition that existed at the time of your accident to a Personal Injury attorney for a consultation.  Consultations are usually free as the attorneys work for a percentage of the amount recovered.  You should probably consult someone that is familiar with Florida law and not Delaware, as their statutes and possibly building codes (if you need them for the deck) are what will apply.  You can start looking here at 


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