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If you were injured at a business in Florida, you might be wondering if the business is legally responsible for those injuries. The costs of injuries from falls and other accidents can add up quickly, and if the business could have done more to protect you, it only makes sense that you should be able to hire a Naples accident lawyer to hold the business accountable.

So, should the business have taken additional precautions to protect your safety?

While answering this question will require an investigation into the specific facts of your case, as a general rule, businesses do have heightened obligations—at least in some cases. With this in mind, if you were injured in a fall or another accident at a business in Naples or elsewhere in Florida, we encourage you to seek legal guidance from a skilled accident lawyer about your legal rights.

Businesses Owe Clear Legal Duties to Their Customers (and the General Public)

For the purpose of our discussion, we will assume that you were not trespassing. Florida’s premises liability laws have special rules for cases involving trespassers. As you might expect, trespassers are not entitled to the same protections as customers and members of the public who are lawfully on a business’ property.

If you were not trespassing, this means that you were either:

• An “Invitee” – If you were at the business as a customer or client, the business owed you the highest duty of care under Florida’s premises liability laws. In this scenario, you would be classified as an “invitee.” This means that the business must have taken proactive steps to protect you, such as having its employees monitor for potentially dangerous conditions and either address them promptly or provide you with an adequate warning.
• A “Licensee” – If you were at the business for your own purposes (i.e., to use the restroom) and had no intention of patronizing the business, then you may be classified as a “licensee” instead of an “invitee.” In this scenario, the business may not have been required to proactively inspect its property for hazards, but it must still have taken appropriate steps to address any hazards of which it was aware.

As you can see, with respect to both invitees and licensees, businesses must take reasonable measures to address safety hazards before they lead to injuries. With respect to invitees (i.e., customers or clients), businesses must also reasonably monitor for potential dangers. When a business fails to meet either of these duties under Florida’s premises liability laws, it can—and should—be held accountable.

Precautions Businesses May Need to Take to Protect Your Safety

What do businesses need to do to protect their customers, clients, and members of the public from slips and falls and other accidents? While circumstances vary from one case to the next, generally speaking, businesses are responsible for doing all of the following to prevent accidents on their premises:

• Cleaning Up Spills – Spills are among the most common causes of slips and falls at businesses in Florida. With this in mind, businesses must promptly clean up any spills of which they are aware (and must monitor for spills to protect their customers or clients) or at least place cones, signs, or other warnings to help protect anyone who might potentially slip and fall.
• Cleaning Up Debris and Other Hazards – Businesses have similar obligations with regard to debris and other hazards. If anything presents a foreseeable risk of injury, a business must address it appropriately.
• Replacing Worn or Torn Flooring Materials – Worn and torn flooring materials can pose slip or trip hazards. As a result, businesses must address these appropriately as well. These are also among the most common causes of accidents in businesses, especially those in older buildings.
• Maintaining (or Repairing) Elevators and Escalators – Malfunctioning elevators and escalators can present serious safety risks to customers, clients, and members of the public. While less common than other types of accidents, elevator and escalator accidents often result in severe injuries.
• Providing Adequate Security – Negligent security is another common type of claim in Florida premises liability cases. If a business did not take adequate security measures to protect you, it could be fully liable for your injury-related losses.
• Addressing Other Safety Risks – From swimming pools to roller coasters, businesses must appropriately address all potential safety risks on their premises. No matter what happened, if you have reason to believe that a business is responsible for your injuries, you should talk to a Naples accident lawyer promptly.
• Hiring Qualified Staff and Providing Adequate Training – Failing to hire qualified staff or provide adequate training for staff members can put customers, clients, and members of the public at risk as well. As a result, these are also potential grounds for accident victims to seek just compensation.

These are just some of the most common grounds for pursuing premises liability claims against businesses. If you were seriously injured in any type of accident at a business in Florida, we strongly advise speaking with a lawyer so that you can make an informed decision about whether to seek just compensation.

What is “Reasonable” When It Comes to Preventing Premises-Related Accidents?

Generally speaking, businesses must take “reasonable” steps to prevent premises-related accidents. If a business takes some protective measures but they are not enough, then its efforts may not qualify as reasonable—and they may not protect the business from liability.

So, what is “reasonable?”

The answer to this question also depends on the circumstances involved. What is reasonable for one business will not necessarily be reasonable for another. For example, while it might be reasonable for a grocery store not to hire a full-time security guard, it might be unreasonable for a nightclub not to have a security guard at its front door. On the other hand, a grocery store might need to have someone regularly walk the aisles to look for slip and trip hazards, whereas a professional services firm might not be subject to the same expectations with regard to monitoring for these types of hazards.

With that said, if you were injured at a business in Florida, it is important not to make any assumptions about what the business may or may not have been required to do to protect you. Informed decision-making is critical for protecting your legal rights, and again, it is best if you speak with a Naples accident lawyer as soon as possible.

What if a Business Failed to Take Reasonable Precautions to Protect You?

Now, suppose that a business failed to take reasonable precautions to protect you. What does this mean for your legal rights?

In Florida, it means you are entitled to proper compensation. If a business was negligent in failing to protect you, you can hold the business liable for all of the costs of your injuries. This includes not only financial costs (i.e., medical bills and lost wages) but non-financial costs (i.e., pain and suffering) as well. Most businesses have liability insurance that specifically covers these types of cases. As a result, seeking financial compensation for your costs will most likely involve dealing with the business’s insurance company.

Proving That a Business Failed to Take Reasonable Precautions

When dealing with the business’ insurance company, you will need to be able to prove that the business failed to take reasonable precautions for your safety. You will also need to be able to prove the costs you are entitled to recover—including any costs that you are likely to incur in the future. Some of the key steps involved in proving your legal rights include:

1. Conducting an Investigation As Soon As Possible

First and foremost, it is critical to conduct an investigation as soon as possible. When you hire a Naples accident lawyer to represent you, your lawyer will send an investigator to the location of your accident to preserve as much evidence as possible.

2. Obtaining Relevant Records from the Business

Proving that the business failed to take reasonable precautions may also involve obtaining records from the business itself. Your Naples accident lawyer will be able to obtain maintenance records, employment records, and any other relevant documentation through the discovery process once he or she files a claim on your behalf.

3. Establishing Both Liability and Damages

Using the evidence that is available, your lawyer will work to clearly establish both liability and damages. If the business’s insurance company accepts liability, then your lawyer will focus on negotiating an out-of-court settlement. If the business’s insurance company denies liability or refuses to engage in reasonable settlement negotiations, then your lawyer may need to take your claim to court.

Request a Free Consultation with a Naples Accident Lawyer  

Do you need to know more about seeking just compensation for an accident at a business in Florida? If so, we can help, and we encourage you to contact us promptly. To request a free consultation with Naples accident lawyer Randall L. Spivey, call Spivey Law Firm, Personal Injury Attorneys, P.A. at 239-793-7748 or statewide at 888-477-4839 or contact us online at Spiveylaw.com today. There are no costs or attorney fees until we receive a monetary recovery for you.

Randall L. Spivey, President of Spivey Law Firm, Personal Injury Attorneys, P.A. is a Board-Certified Civil Trial Attorney. Certification is the highest level of recognition by the Florida Bar of competency and experience in the areas of law approved for certification by the Supreme Court of Florida.  In Florida, only 1% of attorneys are Board Certified in Civil Trial.  Randall L. Spivey is also rated as a Preeminent Attorney by Martindale-Hubbell, which is the highest standard for professional excellence in legal knowledge, communication skills, and ethical standards. He has also been selected for Florida Super Lawyers for 2013, 2015-2024.  At Spivey Law Firm, Personal Injury Attorneys, P.A., we represent people involved in numerous types of personal injury and wrongful death accidents in Naples and throughout the state of Florida.