Slip and fall accidents are one of the most common causes of personal injuries in Florida. These incidents can occur anywhere, from a local grocery store to a slippery sidewalk in Tampa or even at a friend’s home. While these accidents may seem minor at first, they can lead to more serious consequences, such as broken bones, traumatic brain injuries, and chronic back pain. For many Floridians, these injuries can create long-term physical and financial challenges.
If you have suffered an injury, understanding the legal aspects of premises liability is an important first step towards recovery. Under Florida law, property owners have a legal obligation to maintain their property in a reasonably safe condition. If they fail to do so, they may be held financially responsible for any damages that result.
The Legal Duty of Care in Florida
In Florida, the duty of care owed to visitors depends largely on the reason why they are on the property. The courts generally categorize visitors into three groups:
- Public or business invitees: These are individuals who are invited onto the property for business purposes, such as shoppers at a mall. They have the highest level of duty of care and owners are required to regularly inspect the premises for safety.
- Licensees: These are guests who are socially invited. Owners are required to warn them about known hazards, but they do not have a positive duty to inspect the property beforehand.
- Trespassers: Owners owe the least amount of duty to those who are on their property without permission. However, they cannot intentionally create traps or harm trespassers willfully.
Proving Negligence in “Transitory Substance” Cases
One of the most complex aspects of Florida law is dealing with situations involving the presence of “transient foreign substances”, such as spilled drinks in a supermarket or leaking cleaning fluids.
Under Florida Statute § 768.0755, the injured person has the burden of proving that the business establishment knew about the dangerous condition and was able to take action to prevent it.
- Actual Knowledge: An employee noticed the spill or was informed about it before the incident occurred.
- Constructive Knowledge: The hazard had existed for so long that the business could have reasonably been expected to have known about it, or the condition had occurred so frequently that it was reasonably foreseeable.
Recent Changes: Modified Comparative Negligence
It is important to be aware of recent changes in the Florida tort system. In 2023, the state moved from a “pure” system to a modified comparative negligence system as outlined in Florida Statute §768.81.
This means that if you are more than 50% responsible for your own accident (for example, if you were distracted by your phone or ignored a “Wet Floor” sign), you will not be able to recover any compensation. If you are less than 50%, your compensation will be reduced by the percentage of your fault.
The Shorter Statute of Limitations
Timing is more crucial than ever before. Due to recent legislative changes, the deadline to file a negligence-based lawsuit in Florida has been significantly shortened. According to Florida Statute § 95.11, for accidents that occur after March 2023, the statute of limitations has been reduced from four years to two years.
Waiting to seek legal advice can lead to the loss of evidence, such as deleted surveillance footage, and ultimately prevent you from filing a claim.
Seeking Compensation for Your Injuries
A successful premises liability claim can help you recover the following:
- Medical expenses: Coverage for emergency room visits, surgeries, and future physical therapy.
- Lost wages: Compensation for time missed from work and lost future earning capacity.
- Pain and suffering: Damages for the emotional and physical impact the injury has had on your life.
How Hutch Firm Can Help
Navigating the complexities of Florida’s premises liability laws requires a focused and proactive approach. At Hutch Firm, we are dedicated to providing personalized and hands-on representation for our clients. We thoroughly investigate each accident, from reviewing maintenance records to securing witness statements, to ensure that property owners are held responsible.
If you have experienced a slip, trip or fall, do not face insurance companies alone. We can help you protect your rights and ensure that you receive the compensation you deserve in order to recover and move forward. Please contact us today for a free consultation.