Understanding the 4 Elements of Negligence in Florida: What Every Charlotte County Injury Victim Should Know
Jason B. Goldman • June 10, 2025
If you were injured in an accident in Charlotte County, whether in a car crash on US-41, a slip-and-fall in a local store, or due to medical malpractice, you may be wondering: Do I have a personal injury case?
The foundation of nearly every personal injury claim in Florida is negligence. To hold someone legally responsible for your injuries, your attorney must prove four key elements. At GTS Law Firm, we help injury victims understand what these elements mean—and how they apply to your situation.
1. Duty of Care
The first step in proving negligence is showing that the other party owed you a legal duty of care.
In simple terms, this means they were obligated to act in a reasonably safe manner. For example:
- Drivers must follow traffic laws and operate their vehicles safely.
- Property owners must maintain safe conditions on their premises.
- Doctors must provide care consistent with medical standards.
In Charlotte County, this could mean a store owner has a duty to clean up spills quickly to prevent falls, or a driver has a duty to stay focused and obey speed limits near busy intersections like Cochran Blvd and Tamiami Trail.
2. Breach of Duty
Once a duty is established, the next step is showing that the duty was breached. In legal terms, this means the person acted unreasonably or failed to act when they should have.
Some examples:
- A distracted driver ran a red light and caused a collision.
- A landlord ignored repeated complaints about broken stairs.
- A business failed to warn customers about a wet floor.
Evidence like surveillance footage, accident reports, or witness statements can help establish that a breach occurred.
3. Causation
Next, we must prove that the breach of duty directly caused your injuries. It’s not enough that someone acted carelessly, you must show a clear link between their actions and the harm you suffered.
This step often involves:
- Medical records
- Expert testimony
- Incident reconstruction
For instance, if you slipped on an unmarked puddle in a Punta Gorda supermarket and fractured your wrist, your attorney would need to show that the injury was directly caused by the store’s negligence, not another factor.
4. Damages
Finally, you must show that the accident resulted in actual damages, this can include physical, emotional, and financial harm.
Common types of damages include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Emotional distress
At GTS Law Firm, we work to ensure your damages are fully documented and accurately valued, because your recovery matters.
What This Means for You
Negligence law in Florida is fact-specific and often complex. If you believe someone else’s carelessness caused your injury, don’t navigate the legal system alone. Our team at GTS Law Firm has the local experience, legal insight, and dedication to fight for what you deserve.
📞 Schedule your free consultation today—we’re proud to serve Charlotte County and the surrounding communities with compassion and results-driven representation. (941) 625-6666
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The holiday season brings joy, celebration, and cherished time with loved ones throughout Charlotte County. As we gather for Christmas festivities, travel to visit family, and enjoy local events, it is also important to remain mindful of safety — both at home and on the road. At Goldman, Tiseo & Sturges, P.A., we are proud to call this community home. We wish every family peace and joy this Christmas, and we also want to help ensure the holiday remains safe for everyone. Holiday Travel & Road Safety Christmas is one of the busiest travel times of the year in Southwest Florida. Whether driving across town to see family or traveling farther for holiday plans, consider these safety reminders: Plan and allow extra time for increased traffic Avoid distractions — put the phone away while driving Never drive impaired or overtired Watch for pedestrians and bicyclists, especially near neighborhoods and holiday events Use extra caution in unfamiliar areas or high-traffic shopping zones If you are celebrating, arrange transportation ahead of time. A sober ride home protects you and others sharing the road. Keeping Gatherings Safe Christmas brings parties, church services, and community events. While festive gatherings are a wonderful part of the season, a few precautions help ensure everyone enjoys them safely: Keep walkways and entry areas clear to prevent falls Place holiday lighting safely, avoiding tripping hazards Monitor candles, fireplaces, and cooking equipment Ensure children are supervised around decorations and breakable items Simple steps help protect guests and reduce the risk of accidents in the home. Shopping & Gift Safety Whether shopping in-store or online this holiday season: Stay alert in parking lots and busy areas Keep packages secure and out of sight Use caution transporting bulky items or large gifts Follow manufacturer safety instructions for toys and electronics Safe gifting means more enjoyable celebrations for everyone. From Our Family to Yours Christmas is a time of reflection, gratitude, and community. Here in Charlotte County, we are fortunate to live in a place where neighbors look out for one another, and local traditions bring people together. From all of us at Goldman, Tiseo & Sturges, P.A., we wish you a joyful and peaceful Christmas filled with family, friendship, and hope for the year ahead. If you or a loved one has questions about a personal injury or safety concern this season, our team is here to help. Call (941) 625-6666 or visit www.gtslawfirm.com to schedule a consultation.
From morning walks in gated communities to afternoons at local dog parks, our pets bring joy and companionship. However, when incidents occur such as dog bites, leash accidents, or property damage, questions of responsibility and liability can arise quickly. Understanding the expectations of pet owners within neighborhood communities and HOAs can help prevent disputes and protect the well-being of everyone involved. Why Community Pet Safety Matters Busy sidewalks, shared green spaces, mail carriers, and children riding bikes mean pets will inevitably interact with others. While most encounters are friendly, risks exist, including: Dog-to-dog altercations Dogs knocking someone over Bites or scratches Damage to shared property Loose or unsupervised pets Florida law, including strict liability for dog bites, plays a significant role in determining fault — but so do community rules and homeowner association policies . Common HOA & Neighborhood Pet Rules Many Charlotte County communities enforce policies that help keep pets and neighbors safe. These often include: Leash requirements Rules regarding unattended or roaming animals Waste pickup responsibilities Restrictions on certain breeds or aggressive animals Noise and nuisance policies Violating these rules may result not only in civil liability but also association fines or restrictions. Who May Be Liable? Responsibility may extend beyond the pet owner in certain situations. Depending on the circumstances, any of the following could be involved: The pet owner A caregiver or walker A tenant , if the property is rented A landlord or property manager , in limited circumstances An HOA , if unsafe conditions contributed (such as broken fencing or failure to enforce known hazards) Each case is fact specific. Evidence, including witness statements, veterinary records, and community documents often plays an important role. Steps to Take After an Incident Whether you are a pet owner or someone injured by an animal, consider taking these steps: Seek medical attention if someone is hurt Exchange information with the other party Document the scene and any injuries Gather witness names and contact information Review community regulations Speak with a personal injury attorney to understand your rights Prompt action can help protect your interests and clarify responsibilities quickly. Supporting Safe Communities Responsible pet ownership benefits everyone. As Charlotte County continues to grow, maintaining safe, respectful interactions between neighbors and their pets remains essential. Simple steps such as leashing pets, following HOA guidelines, and reviewing insurance coverage can help prevent incidents and foster harmonious neighborhoods. If you have been injured by someone else’s pet or have questions regarding liability within your community, Goldman, Tiseo & Sturges, P.A. is here to help. Contact us at (941) 625-6666 or visit www.gtslawfirm.com for guidance and a free consultation.
Pets are an important part of many households across Charlotte County . They bring companionship, joy, and comfort. However, even well-trained animals can behave unpredictably in certain situations. When a pet causes injury or property damage, the financial consequences can be significant — and many owners are unaware of potential gaps in their insurance coverage. Understanding animal liability coverage is an important step in protecting yourself, your family, and others in the community. What Is Animal Liability Coverage? Animal liability coverage provides protection if your pet injures someone or damages another person’s property. LESS THAN 5% OF HOMEOWONWERS INSURANCE POLICIES IN FLORIDA INCLUDE THIS COVERAGE! CARRIERS ALSO OFTEN EXLCUDE CERTAIN SPECIFIC BREEDS FROM COVERAGE! Without adequate coverage, a pet owner may be personally responsible for: Medical bills Lost wages Property damage Legal defense costs Why It Matters Here in Charlotte County Florida has a high number of pet-related injury claims, and Charlotte County is no exception. Under Florida law, dog owners are held strictly liable for bites and certain other injuries, even if the animal has no history of aggression. Because of this strict legal standard, animal-related incidents often result in costly claims. Having appropriate insurance helps ensure financial protection and peace of mind. Reviewing Your Policy If you own pets, you should review your homeowners insurance policy immediately and speak to your insurance agent to determine: Whether animal liability coverage is included Which breeds or scenarios may be excluded If coverage applies only at home or also off property (such as parks or walking trails) Whether additional coverage or a policy endorsement is available If your current plan excludes your pet or provides limited protection, supplemental coverage should be purchased immediately. Responsible Ownership & Preventative Measures In addition to confirming insurance coverage, responsible steps can help reduce the likelihood of an incident: Secure fencing and gates Leashes when outside the home Training and socialization Following Charlotte County pet ordinances These measures help promote safety and may support a defense if an incident occurs. If a Pet-Related Injury Occurs If you or a loved one is injured by someone else’s pet, or if your pet is involved in an incident, it’s important to take appropriate steps: Seek medical attention if needed Document the scene Gather witness information Report the incident if required The attorneys at Goldman, Tiseo & Sturges, P.A. represent individuals in pet-related injury matters throughout Charlotte County and can help you understand your rights, responsibilities, and options. Protecting Charlotte County Families Pets enrich our lives, but preparation matters. Reviewing insurance coverage and understanding Florida’s liability laws can help protect your financial security and your community. If you have questions regarding a pet-related injury or potential claim, contact us at (941) 625-6666 or visit www.gtslawfirm.com for a free consultation.
Halloween is one of Charlotte County’s most festive traditions—costumes, candy, and community celebrations light up neighborhoods across Port Charlotte, Punta Gorda and beyond. But amid the fun, the risk of preventable accidents rises significantly. At GTS Law Firm, we believe being prepared protects not only your good times but also your rights if something goes wrong. Why Halloween Poses Extra Risks Increased pedestrian traffic – Children and families fill sidewalks and driveways, often emerging suddenly from between parked cars. Reduced visibility – Costumes, dusk lighting and unfamiliar routes can make it hard for drivers and trick-or-treaters alike to see each other. Distractions & altered terrain – Drivers might be focused on the festivities, while children may be carrying bulky bags or wearing masks that restrict vision. Top Safety Tips for Families & Drivers For families: Use flashlights or glow-sticks so children are visible. Choose costumes that fit well and use reflective tape or bright colors. Walk on sidewalks. If none are available, walk facing traffic and stay as far left as possible. Cross the street at intersections and look both ways before you step out. Inspect all candy at home before snacking—especially if younger children are involved. For drivers: Slow down in residential areas and approach driveways, curbs and sidewalks cautiously. Avoid distractions—phones, music or passing out candy should not take your focus from the roadway. Be extra vigilant between 5 p.m. and 9 p.m., when pedestrian traffic peaks in Charlotte County neighborhoods. Park safely so you don’t block crosswalks or create hidden zones where children may step into traffic. What This Means If an Accident Happens Even when we all take precautions, accidents still happen. If your child is injured, or you’re involved in a collision while trick-or-treating, the same principles apply as in any personal injury claim in Florida: duty, breach, causation and damages. At GTS Law Firm, we’ve handled cases across Charlotte County where visibility, distraction or faulty premises played a role. Our team can help you understand if you may have a claim and guide you through the legal steps. Final Thoughts Halloween is meant to be fun—and with a little planning, it can be safe too. Whether you’re handing out candy or driving home afterwards, be alert and respectful of your neighbors. GTS Law Firm is proud to serve the Charlotte County community—not just when something goes wrong, but every day we help you stay safe and informed. If you or a loved one is injured due to another party’s negligence, we’re here to help. Please call (941) 625-6666 or visit our website to schedule a free consultation. Wishing everyone a spooky and safe Halloween from your local team at GTS Law Firm.