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A trip and fall accident can happen in seconds but leave you dealing with broken bones, head injuries, spinal injuries, and expensive medical bills for months or even years. If your fall was caused by a dangerous condition on someone else's property, you may be entitled to compensation under Florida law.
Under Florida 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 trip 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 trip 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 trip 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.
Many trip and fall cases involve proving that the property owner either knew—or reasonably should have known—about the dangerous condition.
Actual notice exists when the owner or employees were aware of the hazard before the accident.
Constructive notice exists when the condition existed long enough or occurred frequently enough that a reasonably careful property owner would have discovered and corrected it. Although Florida's specific transitory foreign substance statute applies to slip-and-fall cases involving substances on business floors, constructive notice remains an important concept in many other premises liability claims.
Evidence establishing notice may include:
Similar to slip and fall cases, the defense often argues that the hazard was "open and obvious." This argument does not automatically prevent recovery. Even if a dangerous condition could be seen, a property owner may still have a duty to maintain reasonably safe premises.
Whether an allegedly open and obvious condition impacts liability depends on the specific facts of the case.
Examples include:
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.
Most negligence actions arising from trip 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.
Trip and fall accidents frequently cause injuries, including:
If another party’s negligence caused your trip and fall, you may be entitled to recover compensation for the full range of losses caused by your injuries. In Florida, damages in a trip 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 trip 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 trip 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 trip and fall case may include:
For many people, the non-economic effects of a trip 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 trip 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 trip 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.