Slip and fall accidents happen more often than people realize, and in Florida, they can lead to serious injuries—broken bones, head trauma, or worse. Yet many victims walk away thinking it was just bad luck or their own fault. The truth is, under Florida law, property owners have a legal duty to maintain safe conditions. If they fail to act and you suffer an injury as a result, you might hold a valid claim for compensation.
But liability isn’t automatic. Florida law requires you to prove that the property owner either knew—or should have known—about the dangerous condition and didn’t fix it. That’s where things can get tricky. Whether you slipped on a wet grocery store floor or tripped over uneven pavement outside a business, understanding your rights under Florida’s premises liability laws is key to protecting yourself and your future.
Understanding Liability in Florida Slip and Fall Cases
In Florida, property owners have a legal obligation to keep their premises reasonably safe for visitors. This includes regular inspections and prompt repairs of hazardous conditions. If a property owner fails to uphold this duty and someone suffers an injury, the injured party may pursue legal action for damages.
However, to establish liability, the injured party must prove that the property owner knew or should have known about the dangerous condition and failed to address it. To support a claim, the injured party must show that the hazard existed long enough, occurred repeatedly, or resulted from the owner’s negligence. For example, if a store employee leaves a spill unattended in a supermarket aisle and a customer slips and falls, the store faces potential liability.
Common Defenses Property Owners Use
Property owners and their insurers often employ several defenses to avoid liability in slip and fall cases. One common defense is the “open and obvious” doctrine, which argues that the hazard was so apparent that a reasonable person would have avoided it. For example, if the owner clearly displays a wet floor sign, they can claim they took adequate precautions.
Another frequent defense is lack of notice. Owners may contend they were unaware of the hazard and had no reasonable opportunity to fix it. For instance, if a customer spills a drink moments before another slips, the store might argue they didn’t have sufficient time to respond.
Comparative negligence is also a significant factor in Florida. If the injured party shares some fault—such as not paying attention or wearing inappropriate footwear—the court may reduce their compensation proportionally. Under Florida’s modified comparative negligence rule, anyone who holds more than 50% of the blame cannot recover damages.
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When to Consult an Attorney
If you suffer an injury in a slip and fall incident, contact a lawyer promptly to get legal advice. An experienced personal injury attorney can help you navigate the complexities of Florida’s premises liability laws, gather necessary evidence, and build a strong case on your behalf.
At Constant Law, P.A., we understand the challenges victims face after such accidents. We’re committed to providing clear guidance and robust representation to ensure your rights are protected. Don’t let uncertainty or legal complexities prevent you from seeking the compensation you deserve. Contact us today at 863-457-3253 or book here for a consultation and take the first step toward recovery.