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If you have been injured in a slip and fall accident or some other accident which implicates the possessor or owner of a particular parcel of property, then Florida law may entitle you to compensation for your injuries pursuant to premises liability principles.  Your claim is likely to face a variety of challenges, as it is common for defendants to have a number of strategies they will attempt to employ to minimize or otherwise absolve themselves of liability. Nevertheless, we at the Spivey Law Firm are here to help you pursue your case and will work to see that you obtain the just compensation to which you may be entitled. 

Consider the following.

No Actual or Constructive Knowledge of the Hazard 

In a premises liability action, the defendant may only be held liable for injuries if the plaintiff can show that the defendant actually knew about the existence of the hazard (and the fact that it would expose premises entrants to an unreasonable risk of injury), or that the defendant should have known about the existence of the hazard. 

Oftentimes, the defendant will counter the lawsuit by arguing that they were not aware of the hazard.  As a plaintiff, you can then introduce evidence demonstrating that even if the defendant was not actually aware, the exercise of reasonable care in inspecting the premises would result in the discovery of such hazard.  Further, the defendant may have been put on constructive notice of the hazard if it has caused injuries to others in the past.

The Hazard Was Open and Obvious 

A defendant cannot be held liable if the hazard (except in certain limited circumstances) was open and obvious and therefore the plaintiff would have been put on notice of the existence of the hazard.  If you were aware of the hazard, then you cannot necessarily impose liability on the defendant for the injuries that result — the defendant will argue that you should exercise reasonable care and avoid the hazard.

Plaintiff Contributed to Their Own Injuries 

Florida is a pure comparative fault state.  As such, even if you are partially at-fault for your injuries, you can still recover damages (so long as you can show that the defendant is also at-fault for your injuries).  Though not an absolute defense, the defendant is likely to assert that you are at least partially at-fault for your own injuries.  If the defendant is successful, then they will minimize their potential damage liability.

Third-Party Conduct Was Not Foreseeable 

In some premises liability cases, the injury itself is inflicted by a third-party.  For example, if you were attacked on someone else’s property, you could ostensibly sue the property owner for failing to provide adequate security (which would have prevented the attack).  In order to hold the property owner/possessor liable for third-party conduct, however, you will have to show that the conduct itself was reasonably foreseeable.  The defendant will almost certainly attempt to argue that the conduct at-issue was not reasonably foreseeable, and that the evidence points to it being a spontaneous and unpredictable event.  You will have to prove (perhaps through evidence of prior similar conduct perpetrated by third-parties on/near the property) that the conduct was, in fact, reasonably foreseeable.

Property Not Controlled by Defendant 

A defendant can only be held liable for property that they exert control over.  If the defendant does not exert control over the premises (even if they are the owner), then they cannot be held liable for hazards on such premises.  For example, suppose that you are injured while visiting a retail store — there was a slip and fall hazard in the store.  The storeowner (despite being a tenant, and not the owner) exerts primary control over the premises.  You cannot hold the property owner liable for the actions of their tenant that are beyond their control. 

Defendant is Protected by Recreational Use Immunity

In Florida, the recreational use statute gives defendants immunity for opening up their property to the public (for recreational purposes) without requiring a payment.  In such situations, the defendant property owner can only be held liable if you can show that there was intentional and/or malicious conduct involved. 

If you have questions about your case, contact Randall Spivey right away. He is an experienced Fort Myers personal injury attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A. and he will provide a free and confidential consultation to discuss your legal rights and options.