Understanding How Florida Law Determines Your Post-Accident Options
If the property owner where you fell should have reasonably known about the hazard that caused you to slip, and failed to address it, you may have a good personal injury claim.
A slip and fall accident out in public can bruise a lot more than just your pride. Many people suffer back, spine, or head injuries, or may have broken or sprained their wrist putting their hands out to break their fall. You may be too embarrassed to say anything to the business owner or manager right then. But, a couple of days later, you notice your neck is stiff, your wrists are swollen, or you’re having trouble breathing. You’ve been hurt worse than you think in the accident, and now you’re wondering about your legal options.
Florida slip-and-fall laws, how your visit to the property is legally defined (invited guest, visitor, or trespasser), and whether you contributed to your fall, all determine whether you can file a suit for damages and how much you get.
Florida Slip and Fall Law
Florida has a specific statute that governs slip-and-fall claims involving “transitory foreign substances” (a banana peel, a water puddle, or spilled milk). Any temporary hazard that is not part of the existing structure falls into this category. In Florida, especially, water tracked in from storms, pool decks, or water parks is a year-round, persistent danger, and one of the most common culprits of slip and fall injuries.
Winning your case, though, means proving not just that the hazard was there, but also that the business had actual (or reasonably should have had knowledge) of the situation and that it failed to correct the hazard within a reasonable time.
Correcting the hazard may involve cleaning it up, posting wet floor signs, or cordoning off the area. Your lawyer will need to collect evidence showing the property owner didn’t act as a reasonable person would (by keeping an eye on their property for spills and properly marking areas where they cannot reasonably clean up, like along a pool deck).
If the spill occurred just before you walked through that area, the property owner may not have had a reasonable time to address the hazard. Unfortunately, in this case, you may not have grounds for a personal injury claim because the property owner may not have breached their duty of care.
The Burden of Proof Lies with the Slip and Fall Plaintiff
Florida courts often presume that businesses exercise reasonable care toward their visitors, unless it can be proven otherwise. As the injured party, the plaintiff, you must prove your case by a preponderance of the evidence (meaning it’s more likely than not that the defendant was negligent). So, you and your lawyer must show that the business had constructive knowledge of the hazard and did not act as a reasonable person would.
How Florida Defines Premises Visitors
The type of visitor you were to the place where you fell also determines your eligibility for compensation. Florida defines three types of site visitors; property owners (both public and private) owe different levels of care to each type:
- Invitees. Individuals invited onto the property for business purposes are owed the highest duty of care. Store customers, tenants, contractors, and restaurant patrons all fall into this category.
- Licensees. Invited licensees are permitted onto the premises for social purposes, or for their own convenience, like a houseguest or party guest. Uninvited licensees are not invited onto the property, but still permitted to be there, like a salesperson. They are owed a moderate duty of care.
- Trespassers. People who enter another’s property without permission, legal right, or invitation are owed only a limited duty of care. While the owner would be in the wrong for intentionally causing harm to trespassers (like setting “booby traps”), they also don’t have to take overt steps to ensure trespasser safety.
Do I Have a Slip-and-Fall Case?
The first thing our lawyer will examine is your right to be on the property and the property owner’s duty of care toward you. Then, we review evidence to see whether the property manager should reasonably have known about the hazard.
We use:
- Videos or photos of the scene (security footage, your own post-accident photos, etc.)
- Witness accounts (we can subpoena property managers or employees to testify)
- Your medical records (connect your injuries to the fall and help us calculate your economic damages)
- Messages or other documentation that show your status on the property (e.g., invitee, guest, etc.)
If you’re uncertain whether your accidental fall reaches the level of a personal injury claim or is just bad luck, call us.
Guardian Legal Counsel offers FREE consultations, and we can review your situation and provide personalized advice. Contact us today.