Florida property owners should be aware that they could be held liable for a slip and fall accident occurring on their property. A slip and fall accident is considered to be a personal injury case when the accident occurs because of someone’s negligence. This usually means that the property contained dangerous conditions such as a wet floor or a torn carpet.
Slip and fall accidents are included in the general category of premises liability, a legal term relating to a property owner’s responsibility to insure that their property is safe and does not pose a threat to persons on or nearby the property. However, just because a person falls doesn’t mean that the property owner is at fault. Persons on or nearby the property may be held accountable for their own actions.
For example, suppose a person walks into an obstruction because they weren’t watching where they were going. In such an event, it may be determined that the person was responsible for their own injuries. In order to collect damages for a slip and fall injury, a plaintiff must be able to prove that an injury occurred as the result of a dangerous condition or a code violation. Examples of this would be where the owners of a commercial establishment, such as a store or restaurant, knew they had a slippery floor and failed to correct it.
Property owners are likely to held liable if it can be judged that a “reasonable person” would have discovered a defect and acted to repair it. When a person injured in a slip and fall accident is eligible to file a premises liability lawsuit, defendants often include the building owner, a tenant or another entity responsible for maintaining the building and grounds.
Source: Findlaw, “Slip and Fall Accidents Overview“, `, August 05, 2014