How Does The State Of Florida Determine Fault In A Slip And Fall Accident?
Sometimes we are all clumsy and we simply trip over our own feet and fall. However, sometimes when we slip or trip and fall, it is not our fault. It is because the owner of the property did not meet their legal obligations. If you’ve had a slip and fall recently in Florida and are curious if you have a personal injury claim, here’s what you need to know about premises liability and fault under Florida state law.
What Is Premises Liability?
Premises liability is a legal term for the duty a property owner has to visitors. Premises liability states that a property owner has an obligation to provide a reasonably safe environment for guests. Guests can include customers, visitors, service personnel, and residents. If there is a hazard or a risk on their property, the property owner has an obligation to inform visitors of that hazard. They can do this with signage or verbiage. Further, they have an obligation to repair any conditions within a reasonable amount of time to prevent injury. A property owner is negligent of their duty if they do not warn visitors or resolve the hazard.
What Does Florida Law Say About Premises Liability?
Florida law is clear about premises liability. They define the victims in three categories. The first is trespassers. Trespassers are not invited onto the property and thus the owner does not have a legal responsibility to keep them safe. The second is invitees which are people like customers at a store or service technicians. The final category is licensees which include people like guests in your home. In order to pursue premises liability you have to either be an invitee or a licensee. Otherwise, the owner does not have a duty of care.
What Is Considered Negligent Duty Of Care?
There are a lot of examples that can be considered negligence in the property owner’s duty of care. For example, if a grocery store owner does not clean up a spill or put a sign up about a spill and you slip and fall. Another example would be if you went to someone’s home and they did not warn you they were missing a step on a staircase and you fell. However, what is considered negligence is simply:
● You are an invitee or licensee;
● There was a hazard on the property;
● The property owner did not warn you about the hazard no repair the hazard;
● You were injured as a result of the hazard.
In this case, you could have a claim for premises liability to help pay for your injuries from a slip and fall.
How To File A Claim For Your Slip And Fall Injuries
If you need to file a claim for your slip and fall injuries, here is what to do:
- Seek medical care right away for your injuries and explain what happened to your doctor
- Report the incident to the owner of the property as soon as possible
- Collect the contact information of any witnesses who saw the incident
- If you can, take pictures of the site of the accident, the issue that caused your slip and fall, and your subsequent injuries
- Fill out an accident report about the injury
- Speak with a slip and fall attorney
This process will help you notify everyone of the incident and the injuries. An attorney can help by walking you through the steps, collecting evidence of fault, and negotiating the claim with the insurance company.
At Justice Pays, our attorneys Goldman, Babboni, Fernandez, and Walsh has decades of experience protecting slip and fall victims. We know the ins and outs of Florida premises liability laws and can help you prove duty of care and negligence. Give us a call at 1-833-954-1234 for a free case review and to learn how we can help.
If you have been involved in an auto accident in the Sarasota / Bradenton area on Florida's west coast, contact the personal injury attorneys who have won more than $500 million dollars for their clients, and get your free case review today.