Slip and Fall Accidents in Florida Businesses: Your Rights
You’re walking through a grocery store, a restaurant, or a retail shop when suddenly your feet go out from under you. In an instant, what seemed like a routine errand turns into a painful, costly ordeal. Slip and fall accidents happen more often than you might think, and if you were hurt on someone else’s property in Florida, the law may be on your side.
What Florida Law Says About Business Owner Responsibility
Florida’s premises liability law places a legal duty on business owners to keep their properties reasonably safe for customers and other visitors. Under Florida Statute § 768.0755, when a person slips and falls on a transitory foreign substance in a business establishment, the injured person must show that the business had actual or constructive knowledge of the dangerous condition and should have taken action to fix it.
What does “constructive knowledge” mean in plain terms? It means the hazard existed long enough that a reasonably attentive business owner should have noticed and addressed it. This is an important standard because most business owners won’t admit they knew about a wet floor or a broken tile. The law accounts for that.
Common Causes of Slip and Fall Accidents in Florida Businesses
Florida’s year-round humidity, heavy foot traffic, and bustling tourism industry create plenty of opportunities for hazardous conditions to develop. Some of the most frequent causes of slip and fall accidents in local businesses include:
- Wet or slippery floors from spills, mopping, or tracked-in rainwater
- Uneven flooring, cracked tiles, or torn carpeting
- Poor or insufficient lighting in aisles and walkways
- Cluttered walkways or merchandise left in paths of travel
- Missing or broken handrails on stairs and ramps
- Freshly waxed floors without proper warning signs
Any one of these conditions can cause a serious fall leading to broken bones, head injuries, spinal damage, or worse.
How Comparative Negligence Could Affect Your Claim
Florida follows a modified comparative negligence system, which was updated under Florida Statute § 768.81. This means that if you are found to be more than 50 percent at fault for your own accident, you may be barred from recovering any damages. If you are found partially at fault but less than 50 percent responsible, your compensation may be reduced by your percentage of fault. For example, if you were distracted by your phone when you slipped, a jury might assign you a portion of the blame. This makes it all the more important to document everything carefully at the scene and to avoid making statements that could be used against you.
Do Not Wait to Act After a Fall
Florida’s statute of limitations for most personal injury claims, including slip and fall cases, is two years from the date of the accident under Florida Statute § 95.11. Two years may sound like plenty of time, but evidence disappears quickly. Surveillance footage gets overwritten, witnesses forget details, and conditions get repaired. As soon as you are physically able, you should take certain steps to protect your claim. Report the incident to the business manager and ask for a written incident report. Seek medical treatment promptly, even if your injuries feel minor at first. Document the scene with photographs, and keep records of all medical visits and expenses.
Speak With a Florida Slip and Fall Attorney Today
No one should have to pay out of pocket for injuries caused by a negligent property owner. If you or someone you care about was hurt in a slip and fall accident in a Florida business, contact Salazar & Kelly Law Group, P.A. for a free initial consultation. Our Kissimmee and Orlando slip and fall attorneys are experienced in premises liability cases and will fight to get you the compensation you deserve for medical expenses, lost wages, and pain and suffering. We handle personal injury cases on a contingency basis, meaning you pay no fees until we recover compensation for you. Reach out to us today to discuss your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.0755.html
