Is Sun Poisoning a Personal Injury Claim?
Severe sun poisoning can have consequences beyond a painful sunburn. If your injury happened because someone responsible for your safety failed to protect you from dangerous sun exposure, you may have questions about whether they can be held responsible.
At Tragos, Sartes & Tragos, our personal injury attorneys represent clients in Clearwater and throughout Florida in personal injury cases. We’ll look at whether you could have a claim after severe sun poisoning and what to do next.
What Is Sun Poisoning?
Sun poisoning isn’t a formal medical diagnosis. The term usually refers to a severe sunburn that causes symptoms beyond red or painful skin, such as blistering, fever, nausea, dizziness, or dehydration. Severe symptoms can require medical attention.
Can Sun Poisoning Be a Personal Injury Claim?
Sun poisoning is an injury that could give rise to a claim if another person or business was legally responsible for the circumstances that caused it.
In Florida, you would need to show that another party’s negligence caused or contributed to your injury. This means:
- Duty: Someone had a responsibility to keep you reasonably safe.
- Breach: They failed to meet that responsibility.
- Causation: Their failure caused your injury.
- Damages: You suffered losses, such as medical bills or lost income.
As with other personal injury cases, you’ll need to prove that another party was at fault. For example, someone responsible for your safety could require you to remain outside for hours without shade or refuse to let you leave despite dangerous sun exposure.
A recreational activity provider could also leave a participant stranded outdoors or fail to respond when someone under its supervision shows signs of serious illness. In each situation, suffering sun poisoning alone isn’t enough. The question is whether another party failed to take reasonable care and that failure caused your injury.
Your own actions can also affect your claim. Under Florida’s comparative fault law, your compensation can be reduced if you share responsibility for what happened. If you’re found more than 50% at fault, you cannot recover damages.
What to Do If You Were Seriously Injured by Sun Exposure
Consider these steps:
- Get medical attention. Explain when and where the exposure happened and keep records of your treatment.
- Document what happened. Take photos of your injuries and the location. Write down when your symptoms started and how others responded.
- Save relevant evidence. Keep receipts or other records related to the incident.
- Be careful about social media. Photos or comments about the incident could later be reviewed by an insurer or defense attorney.
- Talk to a personal injury attorney. An attorney can review the circumstances and help you understand whether someone else could be responsible.
There is also a deadline to consider. Florida’s statute of limitations generally gives you two years to file a negligence claim. Different deadlines and notice requirements apply when a government entity is involved.
Talk to a Clearwater Personal Injury Attorney
If you believe someone else was responsible for your injury, Tragos, Sartes & Tragos is here to explain your legal options and fight for your case. Schedule a free consultation or call us at (727) 446-5879.