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When a customer enters a business, whether it’s to shop for clothes, buy groceries, or eat a meal, they never expect to be hurt. However, slip and fall accidents happen frequently and unexpectedly and often leave unsuspecting customers with serious injuries. Having an experienced premises liability attorney in your corner if you are injured in a slip and fall accident can make the difference between whether you are adequately compensated for your injury.

There are numerous legal issues that must be considered in a slip and fall case in Florida, including Florida’s notice requirement, the doctrine of comparative fault, and Florida’s tort reform bill passed in 2023. Fort Myers Slip-and-Fall Lawyers at Spivey Law Firm, Personal Injury Attorneys, P.A. want to help you navigate these legal issues regarding slip and fall accidents and inform you on how to protect your rights if you are injured in a slip and fall accident. 

Florida’s Notice Requirement  

A “business invitee is one who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land.” Moultrie v. Consol. Stores Int'l Corp., 764 So. 2d 637, 639 (Fla. 1st DCA 2000)  A customer shopping at a commercial business is a business invitee, and a business owner owes two duties to a business invitee, which are: “(1) he must use reasonable care to maintain the premises in a reasonably safe condition” and “(2) he must give the invitee warning of concealed perils which are or should have been known to him . . .” Fredrick v. Dolgencorp, LLC, 304 So. 3d 36, 38 (Fla. 2d DCA 2020) 

However, in 2010, the Florida legislature passed a law that had a significant impact on slip and fall litigation in the state. Under Florida Statute § 768.0755, a person who is injured when that person slips and falls on a transitory foreign substance, that person “must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” Fla. Stat. § 768.0755.  Under this statute, “constructive knowledge” may be proven by circumstantial evidence showing that: 

• “The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or”
• “The condition occurred with regularity and was therefore foreseeable.”

Fla. Stat. § 768.0755(1). Frequently, slip and fall cases are the result of a liquid being spilled on the floor. In these circumstances, it is particularly important to locate all potential witnesses and employees who might have knowledge of how long the spill had been on the floor and how frequently the business checks for spills. These issues that arise in handling a slip and fall involving a spilled substance make it all the more important to seek assistance from an experienced Fort Meyers Slip-and-Fall attorney when you are involved in a slip and fall accident. 

In other circumstances, a person may fall in a business establishment, as the result of a dangerous condition on the premises that does not involve a transitory substance. In this situation, the premises owner owes a duty to their invitees to either a) correct any dangerous conditions about which the premises owner knew or should have known or b) warn invitees of the dangerous condition. Florida Standard Jury Instructions, Civil, § 401.20. Each of these alternatives may still require either actual or constructive knowledge of the dangerous condition, which “must be predicated on the occupant’s superior knowledge or means of obtaining knowledge concerning the danger.” Winn-Dixie Montgomery, Inc. v. Petterson, 291 So. 2d 666, 668 (Fla. 1st DCA 1974) (emphasis added). However, where an owner creates the dangerous condition, actual or constructive notice is not required: 

An owner who creates a dangerous condition already has breached the duty to use reasonable care in maintaining the property in a reasonably safe condition regardless of the owner's knowledge of the dangerousness of the condition. Thus, once it is determined that the owner created the danger, knowledge of that dangerousness is irrelevant.

Wolford v. Ostenbridge, 861 So. 2d 455, 456–57 (Fla. 2d DCA 2003). See also Riles v. Robinson, 548 So. 2d 295 (Fla. 4th DCA 1989) (holding that the owner’s knowledge of the dangerousness of the condition is not an issue if the condition was created by the owner); Knight v. Waltman, 774 So. 2d 731 (Fla. 2d DCA 2000) (holding that even if the invitee has knowledge of the condition that is equal or superior to the knowledge of the owner, thus relieving the owner of the duty to warn, the owner may still be held liable if it is shown that the owner created the condition). These complicated legal issues necessitate finding an experienced Fort Myers Premises Liability attorney, no matter the type of slip and fall accident in which you are injured.

Comparative Fault Doctrine and Florida’s New Tort Reform Law

Comparative negligence is an affirmative defense, which means that the party asserting the defense, usually the business where your fall occurred, must prove that the negligence of the other party was a cause of the accident. Bongiorno v. Anericorp, Inc., 159 So. 3d 1027, 1029 (Fla. 5th DCA 2015). For instance, in the Bongiorno case, the business owner alleged that the injured person was 50% comparatively negligent when she slipped and fell on a bathroom floor because she was wearing high heels at the time of the fall. Having an experienced premises liability attorney on your case will help to ensure that you receive adequate compensation for your injuries, even if the business owner unfairly attempts to frame the accident as being caused in part by your own actions. 

Furthermore, on March 24, 2023, Governor Ron DeSantis signed a comprehensive tort reform bill into law, House Bill 837. See Fla. Governor’s Office, Governor Ron DeSantis Announces Comprehensive Lawsuit Reforms to Protect Floridians from Predatory Billboard Attorneys, Feb. 14, 2023; see also Fla. Governor’s Office, Governor Ron DeSantis Signs Comprehensive Legal Reforms into Law, March 24, 2023. This new law amended Florida’s comparative fault standard, found in Florida Statute section 768.81, from “pure” comparative negligence to “modified” comparative negligence. Prior to this law, a plaintiff was entitled to recover a percentage of damages proportionate to the degree of fault of the defendant. However, under the new “modified” comparative negligence standard, if a plaintiff is more negligent than the defendant, the plaintiff cannot recover at all. See Fla. Stat. § 768.81(6). In other words, if the injured person was more than 50% at fault for his or her harm, then the person cannot recover from the defendant. This new standard applies to all premises liability accidents, which is another reason it is critical to seek counsel from  Fort Myers Slip-and-Fall Lawyers at Spivey Law Firm, Personal Injury Attorneys, P.A. who can help you navigate Florida’s new fault standard if you are injured in a slip and fall accident. 

Protecting Your Rights After a Slip and Fall Accident 

If you are injured after having a slip and fall accident, there are certain steps you can take to safeguard your health, protect your rights, and preserve the strength of your potential legal claim, including:

1. Seek prompt medical attention: Your health is the most important thing. Even if the injuries seem minor, some more serious symptoms may appear later. Seeking medical attention is critical because a medical professional can provide a thorough examination and will also document your injuries, which will be paramount in preserving your claim. 
2. Report the accident: Notify the property owner or manager of the slip and fall accident as soon as possible. Request a written accident report and keep a copy for your records.
3. Document the accident: Take photos or videos of the accident scene, especially photograph any foreign substance on the ground or hazards that contributed to the fall. Write down the details of the accident while they are still fresh in your mind, including the date, time, conditions, and your initial injuries. 
4. Gather witness information: If anyone witnessed the accident, ask for their names, and contact information. Witness statements can play a significant role in the success of your claim. 
5. Consult with an attorney: Contact a Fort Myers premises liability lawyer who is experienced in slip and fall cases, like Randall Spivey. He can offer accurate legal advice; help navigate the complexities of the comparative fault doctrine and new apportionment standard and will work diligently towards securing full and fair compensation for your injuries. 

Taking these steps will assist your attorney in making your claim and can significantly improve your chances of a favorable outcome. 

Speak with a Skilled Fort Myers Injury Attorney About Your Slip and Fall Accident 

If you have been the victim of a slip and fall accident in Florida, you have rights. Fort Myers injury lawyer Randall L. Spivey routinely handles slip and fall claims, and our attorneys would be glad to discuss your options with you.  If you need help protecting your legal rights after a slip and fall accident, you should contact the  Fort Myers Slip-and-Fall Lawyers at Spivey Law Firm, Personal Injury Attorneys, P.A. at 239-337-7483 or statewide at 888-477-4839 or contact us online at  SpiveyLaw.com for a free consultation.