Understanding your rights under Florida’s premises liability laws.
We frequently receive inquiries from people who have suffered a fall on property owned by another. Many times, these falls occur on commercial premises such as shopping centers, parking lots, restaurants and other public facilities. Other calls are received from persons injured at a private home or some other private facility. Regardless of where the slip and fall took place, each person has one underlying question: do I have a valid case under Florida law?
The answer to that question depends on many variables. Generally speaking, Florida law does impose a duty on landowners to maintain their premises in a reasonably safe condition, and to correct any dangerous conditions which the owner either knew or should have known of by the use of reasonable care. However, that duty can be impacted by the status of the person who was injured. For example, was the injured person authorized to be on the property? Was the person an "invitee" on the premises? These and other considerations may have a bearing on the type of duty owed by the landowner.
Another consideration frequently arises in slip and fall cases is the issue of comparative negligence. That is, was the injured person somehow negligent in their actions and if so, did that negligence cause or contributed to the fall? Many times, the property owner will attempt to minimize their potential liability by asserting that the injured person was also negligent by, for example, failing to observe an open and obvious condition that caused the fall. This concept of comparative negligence by the injured person does not automatically prevent recovery on an otherwise valid claim, but may reduce the amount of damages awarded.
In most all cases, but especially premises liability cases, it is extremely important to take photographs of the conditions that caused the injury. If possible, we encourage our clients to immediately obtain photographs of the scene as it existed at the time of the fall. It is not unusual for the owner of the property to change or alter the conditions after the injury, so timely photographs of the specific cause of the fall are important.
Although Florida law does provide for legal remedies in cases where a person is injured in a fall, the above variables and others can make these cases difficult. Therefore, we encourage you to contact us with questions regarding a possible claim as soon after the fall as possible to properly protect your rights.
