Florida maintains statutes that limit the amount of time claimants have to file their civil lawsuits in court. The statute of limitations for personal injury cases is generally four years from the date of the incident. If a claimant fails to file their claim within this time, the court will most likely dismiss the lawsuit. However, depending on the case’s unique circumstances, the statute of limitations may be shorter or longer.
For instance, a Florida appeals court recently heard a plaintiff’s appeal seeking a review of a final judgment dismissing her complaint against the defendant. The plaintiff, a resident of an assisted living facility, filed a complaint alleging that the facility was negligent in allowing a dangerous condition to exist and failing to train employees. The case arose following an incident where an employee placed a food tray in front of a resident’s door. The cup on the tray spilled and created a puddle that the plaintiff slipped on, causing her to experience serious injuries.
The defendant moved to dismiss, arguing that the Assisted Living Facilities Act (“ALFA”) governs the claim, and the plaintiff failed to comply with ALFA’s presuit requirements. The plaintiff claimed that her suit was not brought under ALFA because ALFA only covers abuse, neglect, or deficient care claims. She contended that her claim arose from common-law negligence.
The court affirmed the lower court’s ruling and held that the plaintiff failed to comply with the presuit requirements and its two-year statute of limitations. The court reviewed the exclusive remedy provision in context with other portions of the ALFA and found that the language of these provisions encapsulates common-law negligence, including the traditional common-law standard of care. As such, the court found that the clear language of the ALFA indicates that the Legislature intended for a common-law negligence claim like the plaintiff’s to be brought within the act.
Those who experienced nursing home abuse or neglect should contact an attorney to discuss their rights and remedies. Various Florida statutes set forth requirements that claimants must meet before filing an action against a nursing home or assisted living facility. The failure to comply with these strict requirements can bar a claimant’s recovery.
Have You Suffered Injuries at a Florida Assisted Living Facility
If you or someone you love has been hurt or died because of the negligence of an assisted living or nursing home facility, contact the experienced attorneys at Friedman Rodman Frank & Estrada. The Florida lawyers on our team have an extensive history of securing favorable results on behalf of injury victims. We handle all aspects of a claim, including filing, arbitration, mediation, settlement discussion, litgiation, and appeal. In addition to Florida assisted living facility negligence claims, our firm handles personal injury cases, wrongful death claims, and medical malpractice suits. Our attorneys have secured significant sums of compensation on behalf of our clients and their loved ones. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team.