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A slip and fall accident can happen in seconds, but the injuries can last for months or even a lifetime. Whether you slipped on a wet grocery store floor, spilled liquid in a retail store, water tracked into a business entrance, grease in a restaurant, or another dangerous surface condition, you may be entitled to compensation under Florida law. Businesses and property owners have a duty to reasonably maintain safe premises, and when they fail to do so, serious injuries can occur.
Under Florida’s premises liability law, a property owner's duty of care depends on the visitor’s legal status on the property.
Florida generally separates visitors into three classifications: invitees, licensees, and trespassers. The level of care a property owner must provide changes based on which category applies, and that classification can have a major impact on whether an injury claim is successful.
Invitees are people who enter a property for a business purpose or for a reason that benefits the property owner, such as customers, clients, or delivery drivers. Property owners owe invitees the highest duty of care. They must use reasonable care to keep the property safe, inspect for dangerous conditions, repair hazards within a reasonable time, and warn visitors about dangers they know about or should know about through proper inspection.
Licensees are typically social guests or others who are allowed on the property for their own purposes, rather than for the owner’s business benefit. Property owners still have a duty to avoid causing harm and must warn licensees about known dangers that are not open and obvious. However, the duty owed to licensees is more limited than the duty owed to invitees.
Trespassers enter property without permission. In most cases, property owners owe trespassers only a limited duty of care and generally must avoid intentional harm. Florida law may impose additional duties in certain situations, such as when children are involved or when an artificial condition on the property creates a serious risk.
A slip and fall accident is a type of premises liability claim. Under Florida law, property owners and businesses must use reasonable care to maintain their premises in a reasonably safe condition for lawful visitors and to warn them of dangerous conditions.
When a property owner or business knows, or through reasonable inspection should know, about a hazardous condition that could cause a slip and fall, Florida law may require them to either correct the danger or provide a clear warning to visitors. If they fail to do so, they may be legally responsible for the injuries that result.
Common causes of slip and fall accidents include:
Florida premises liability law requires property owners and occupiers to exercise reasonable care to protect lawful visitors from dangerous conditions.
Generally, this includes:
Simply because someone falls does not automatically mean the property owner is liable. The injured person must establish that the owner was negligent and that the negligence caused the injuries.
Florida has a specific statute governing many slip and fall accidents involving businesses.
Under Florida Statute § 768.0755, if a person slips on a transitory foreign substance such as water, soda, food, grease, or another temporary substance in a business establishment, the injured person must prove the business had actual or constructive knowledge of the dangerous condition and failed to correct it.
Actual knowledge means the business actually knew about the dangerous condition.
Examples include:
Constructive knowledge means the business should have known about the hazard through reasonable inspections.
Constructive knowledge may be proven by circumstantial evidence showing that:
Evidence showing that the spill remained on the floor long enough may establish constructive knowledge under Florida law.
Florida follows a modified comparative negligence system under Florida Statute § 768.81. If you are found to be more than 50% responsible for your own injuries, you generally cannot recover damages. If you are 50% or less at fault, your compensation is reduced by your percentage of fault.
The defense often argues that hazards were "open and obvious" or that the injured person was distracted. A Pace slip and fall lawyer may challenge these defenses using evidence such as surveillance footage, maintenance records, witness testimony, and expert opinions.
Most negligence actions arising from slip and falls must be filed within two years from the date of the accident pursuant to section 95.11, Florida Statutes, although important exceptions may apply.
Certain claims involving governmental entities or wrongful death actions involve additional procedural requirements or different deadlines.
Because evidence can disappear over time, it is generally advisable to consult an attorney as soon as possible after an accident.
Slip and fall accidents frequently cause injuries, including:
If another party’s negligence caused your slip and fall, you may be entitled to recover compensation for the full range of losses caused by your injuries. In Florida, damages in a slip and fall case are generally divided into two categories: economic damages and non-economic damages.
Understanding the difference between these two types of compensation is important because a serious fall can affect every part of your life, from your finances to your physical and emotional well-being.
Economic damages are the financial losses you can document with bills, receipts, pay records, and other evidence. These damages are intended to reimburse you for the expenses paid or what would be paid that were caused by the accident and may include past, present, and future expenses.
Common economic damages in a slip and fall case may include:
Non-economic damages are subjective and compensate you for the human impact of the injury. These losses are real, even though they do not come with a receipt or invoice. A slip and fall can cause pain, limit your mobility, disrupt your daily routine, and affect your ability to enjoy life the way you did before the accident.
Common non-economic damages in a slip and fall case may include:
For many people, the non-economic effects of a slip and fall are just as significant as the financial losses. A person who can no longer walk comfortably, care for their children, or return to normal daily activities may experience a major decline in quality of life. These damages are often a major part of a settlement or verdict in a serious premises liability case.
If possible:
If you or someone you love has been injured in a slip and fall accident in Pace, Florida or anywhere in Northwest Florida, you do not have to face the experience alone.
Prompt medical care, evidence preservation, and early legal guidance can all help protect your claim. Pape Law can help deal with insurance companies, investigate the incident, and pursue compensation for your injuries.
Call Pape Law today or complete our online contact form to schedule your free consultation with a Pace slip and fall lawyer. Consultations are by appointment only.
The information contained in this website is for general educational purposes only and is not intended to provide legal advice. Viewing this website does not create an attorney-client relationship.