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If you have been injured due to a slip and fall injury on the premises of a business (i.e., an office, a retail outlet, a warehouse, etc.), then you may be able to recover damages from the liable party to compensate for your injuries.

In Florida, businesses that control — or operate — a particular premises are responsible for keeping that premises in reasonably safe condition for visitors.  It does not matter if the business is not the owner of the premises.  For example, if you injure yourself in a slip and fall accident at a retail outlet, you may sue and potentially recover damages from the business that operates the retail outlet, even if they are just a tenant of the building.

Slip and fall lawsuits, and premises liability cases generally, can be a bit more complicated than they seem at first glance, which is why it’s so beneficial to consult with a qualified Florida attorney as soon as possible after your injury.  Oftentimes, there are several different parties involved in maintaining closely-related property.

For example, suppose that you are injured in a slip and fall accident in the parking lot outside of a restaurant.  At first glance, you might think that the owner-operator of the restaurant is liable for your injuries.  After further investigation, however, you find that the parking lot is controlled (and maintained) by a different entity — thus introducing a new defendant.  If you had injured yourself on a nearby sidewalk, perhaps, then the defendant might be the city government!

To better understand Florida slip and fall lawsuits, it’s important to understand premises liability law and the obligations it places on businesses.  Let’s take a look.

Florida Premises Liability Law

Florida law requires that the person or entity that controls premises keep it in reasonably safe condition — more basically, free of dangerous conditions.  This includes both invitees (i.e., customers of the business) and trespassers, though the standard is higher for customer-invitees.

How does a business keep their premises in reasonably safe condition?

Businesses must exercise reasonable care in operating their controlled property — whether that operation involves maintenance or new construction.  For example, a barbershop must maintain their floors to ensure that there are no spills or leaks that could present a slipping hazard.

Slip and falls are often caused by foreign substances on the premises — these substances (such as a puddle of water or other spilled liquids), if left alone and not cleaned up, can present a serious hazard to visitors.  Florida statutory law describes the liability of businesses that fail to clean up such substances.  As per section 768.0755 of the Florida Statutes, if a person slips and falls on a transitory foreign substance in a business establishment, then the injured person has to show that the business knew or should have known about the dangerous condition and that they took steps to remedy the condition.

Knew or Should Have Known

Whether a dangerous condition “should have been known” depends on the circumstances and on the exercise of ordinary care.

For example, suppose that there is a liquid spill at a grocery store.  Less than a minute has passed when a passerby slips on the liquid and injures themselves.  The business (and its employees) might not have been aware of the spill so soon after it occurred, however.  Similarly, one might not expect the business to become aware of the spill within a minute of its occurrence.

On the other hand, suppose that the same spill has been allowed to sit for 20 minutes, and no employee has yet discovered it.  Floor inspections at this store only occur every hour.  Even though the business (and its employees) had not become aware of the spill, it could be argued that they “should have” become aware of the spill through reasonable inspection.  Had the business exercised ordinary care, there would have been more frequent inspections.

Remedying a Dangerous Condition

Businesses must take steps to remedy the dangerous condition to prevent injury to visitors.  They can either: a) correct the dangerous condition, by repairing it, cleaning it, etc., or b) warn visitors of the dangerous condition, by putting up a sign, sectioning off the affected area to prevent visitors from accessing it, and more.

Contact Randall Spivey to connect with a skilled Fort Myers slip and fall accident attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal rights.