Bringing a Slip And Fall Claim Against a Friend

Answer:

We have a case where a young lady was hurt at a home and she and her parents want to know whether they can make a claim against the neighbor, who didn’t maintain their staircase in a proper fashion. The answer is, of course you can. The practical side is this. In Florida, if you file a lawsuit, you cannot file it against the insurance company any longer. Many years ago, you used to be able to. Now you must file it against the owner or possessor of the property; in this case, it would be the neighbor. Whether you can maintain that neighbor, that good friend, as a friend is a question that we cannot answer. Suing people means you have to show that they did something wrong. People don’t like to own up to being wrong, but whether or not they do, it’s a matter between the friends.

We have handled those cases. They’re difficult cases. It is a hard thing to sue your neighbor. The claim is made with the insurance company. That is true. Sometimes, both sides understand that and the relationship is preserved, but that may be the exception to the rule. We have had those cases come through our office in Duval County and Nassau County. We will sit down and counsel you about the practical realities and the practical ramifications of making a claim like that. It’s part of our job to provide counsel. Call us today, and we’ll sit down with you, talk to you, and tell you what we think.