The short answer: Sometimes, yes. You usually cannot sue over a storm itself, but you may have a claim if someone’s carelessness caused your injury, such as a property owner who ignored a hazard they knew about or failed to clear dangerous debris. Whether you can recover depends on whether a person or business had a duty to act reasonably and failed to do so.

Storms move fast, and the injuries they leave behind can turn your life upside down. Maybe a loose sign struck you in a parking lot, a weakened tree limb fell on you, or you slipped on storm debris nobody bothered to clean up. You’re hurting, facing medical bills, and wondering if anyone can be held accountable. The Winter Haven personal injury attorneys at JustCallMoe help injured individuals across Florida answer that question, and your consultation is always free.

In this article, we discuss:

– What counts as a storm-related injury

– When someone else can be held legally responsible

– When a storm injury is an accident with no one at fault

– What to do after a storm injury in Winter Haven

– Frequently asked questions

What counts as a storm-related injury?

A storm-related injury is bodily harm caused by storm conditions, not damage to your property. These are the cases we focus on, and they take many forms. Storm injuries can happen almost anywhere, from a shopping center parking lot to an apartment walkway.

Common examples include being struck by flying debris during high winds, a falling tree limb that a property owner never trimmed, or a slip and fall on wet walkways or debris on someone else’s floor. Hurricane injury claims often involve unsecured signs, roofing, or equipment that turned into dangerous projectiles. Hailstorm injuries can also happen when hail knocks objects loose or leaves slick, hazardous surfaces that go unaddressed.

When is someone else legally responsible for a storm injury?

Someone else can be held responsible when their negligence, not simply the weather, caused your injury. In plain terms, negligence means a person or business failed to act with reasonable care, and someone got hurt as a result.

Property owners and businesses in Florida have a legal duty to keep their premises reasonably safe for visitors, and that duty doesn’t disappear when a storm rolls through. If a property owner knew, or should have known, about a hazard and had a reasonable chance to fix it or warn people, they may be liable if that hazard results in injury to someone.

A claim may exist in situations like these:

– A store leaves a rain puddle from a leaking roof unmarked for hours, and a customer slips.

– A landlord ignores repeated complaints about a rotting tree that later drops a limb on a tenant.

– A business fails to secure outdoor furniture or signage it knew could blow into a walkway.

The key question is whether the responsible party had the time and opportunity to address the danger and failed to do so. Other parties can share fault too, such as a maintenance company hired to clear debris or a contractor who left materials unsecured.

When is a storm injury an accident with no one at fault?

Not every storm injury results in someone to sue. Florida law doesn’t hold anyone responsible for the storm itself, sometimes called an “act of God.” If lightning strikes without warning or hurricane-force winds hurl debris that no reasonable person could have secured or predicted, there may be no negligence to point to.

The difference usually comes down to foreseeability and opportunity. A sudden, unavoidable event is not the same as a known hazard that someone had time to fix and ignored. That’s why these cases are worth reviewing. What looks like plain bad luck sometimes involves a property owner who cut corners.

Injured on the go? Contact JustCallMoe today for a free consultation.

What should you do after a storm injury in Winter Haven?

Take steps that protect both your health and any future claim. After a storm-related injury, you should:

Receive medical care right away, even if you feel fine. Some injuries surface later, and prompt records connect your injury to the incident.
Document the scene. Photograph the hazard, the debris, the weather conditions, and your injuries.
Report the injury to the property owner, manager, or business, and ask for a copy of any incident report.
Save evidence, such as footwear, clothing, and the names of any witnesses.
Talk to a lawyer before giving a recorded statement to an insurance company.

Our Winter Haven attorneys can investigate what happened, gather the evidence, and handle the insurance company for you. We work on a contingency fee basis, meaning we only charge a fee if we recover compensation for you.

Frequently asked questions about storm injuries

How long do I have to file a storm injury claim in Florida?

For most storm-related negligence injuries, Florida gives you two years from the date of injury to file a lawsuit, under Fla. Stat. § 95.11(4)(a). This deadline was shortened from four years in 2023, so don’t rely on older information you find online. Contact a lawyer quickly to protect your rights.

What if I were partly at fault for my injury?

You may still recover compensation. Florida uses a modified comparative negligence system, so your damages are reduced by your share of fault, and you generally cannot recover if you’re found more than 50% at fault. An experienced attorney can push back when the other side tries to shift blame onto you.

Can I sue if a hurricane or hailstorm caused my injury?

Possibly, if someone’s negligence played a role. A hurricane injury or hailstorm injury may support a claim when a property owner failed to secure known hazards or clean up dangerous conditions. If your injury came purely from an unavoidable act of nature, there may be no one to hold responsible.

How much does it cost to hire JustCallMoe?

Nothing upfront. Your consultation is free. We work on a contingency fee basis, so you don’t pay us anything unless we recover compensation for you.

Storm injuries can leave you hurting and unsure of your options, but you don’t have to figure it out alone. The lawyers at JustCallMoe handle personal injury cases throughout Florida, and we’ll give you a straightforward answer about whether you have a claim. Call 866-654-7499 today for your free consultation.