It is quite easy to injure oneself seriously after slipping, tripping, or falling. When these slips, trips, and falls are caused by the negligence of another party, it may be appropriate to file a premises liability claim in Florida courts.
However, what do you need to show to prevail in a slip, trip, or fall claim in Florida? These claims can be quite complicated—many attorneys even refuse to take them. However, it is possible to win a slip, trip, or fall claim in Florida if the right facts are present.
Example 1: While Trying to Take the “Perfect Selfie” at Disney World, Claire Falls into a Pond and Breaks Her Wrist
In this case, Disney World has a strong argument against Claire’s slip and fall case. Here, Claire’s own carelessness contributed to her fall—not necessarily a dangerous condition that was present at Disney World. For example, if Claire was walking backwards while holding her phone up, attempting to take a photo of herself, she really only has herself to blame because she was not paying attention to her surroundings.
Example 2: During a Summer Thunderstorm, a Patron Slips and Falls on the Wet Floor Just Inside a Surf Shop
In this example, it may be possible to assign responsibility for the patron’s injuries to the surf shop. The surf shop employees knew that it was raining and that customers would likely be tracking in water on their shoes and umbrellas.
It was the responsibility of the store to remove the hazard—the water—from the floor, or at least provide warnings about it if it would not be easily spotted by the customers. For example, a simple “Wet Floor” sign would alert customers that the floor was slick.
However, if the water had only recently been tracked in, the store may be able to avoid liability. How long the dangerous condition was present before the victim was injured is carefully examined in a slip and fall claim. If the water had only been on the floor for a few minutes—before an employee had a chance to notice it or clean it up—the store may be absolved of any liability.
Example 3: John Trespasses into a Venue After Being Thrown Out and Injures Himself
John is attending a concert at a local venue. He tries to shove his way up to the front of the crowd to get a good spot in front of the stage. Other concertgoers are annoyed and yell at him. John tries to start a fight with one of the angry concertgoers, and he is thrown out of the venue by security. He is told not to return to the property.
John sneaks in a side door that says “Employees Only: Do Not Enter.” After entering the venue, he trips over a cord and falls and breaks his ankle.
Here, John has specifically been told not to come back to the venue—therefore, he is a trespasser. In addition, he enters an area that is clearly not open to the public. Therefore, the concert venue is likely not liable for his injuries.
Slip and Fall Claims: A Summary
In a slip and fall claim, the injured victim must show that the property owner had a duty to the victim. Businesses have two specific duties to those who enter the premises:
- To keep the premises reasonably safe (including inspecting it for any hazards, such as spills; and
- Warning of hazards that the business owner is aware of but that visitors may not see.
The victim must show that the property owner knew or should have known about the hazard that caused the injury to prevail in a slip and fall claim.
If You Have Been Injured in A Slip and Fall, Call New Port Richey Attorney Scott McPherson Today
Attorney Scott McPherson has represented numerous clients in slip and fall claims in the state of Florida. Whether he is negotiating a settlement or arguing in the courtroom, his top priority is protecting his clients’ legal rights and obtaining favorable results on their behalf. To schedule a free consultation, contact us today.