FAQs for Tampa Bay Slip and Fall and Premises Liability Lawyers
Hancock & Hancock, P.A.
Michael and Claire Hancock
- What is a slip and fall accident?
- What is the new law in Florida regarding fall down accidents?
- Is the owner of the business or other premises legally responsible for injuries sustained in "slip and fall" or "fall down" accidents?
- What are the defenses that I can expect will be raised against me in my claim based upon a fall down on someone else's premises?
What is a slip and fall accident?
To be very precise a "slip and fall" accident occurs when a person falls due to a slipperiness of the surface of the floor. However, the phrase has sometimes been used more generically, to include just about any fall that occurs on someone else's premises. In a broader context, it would include a "trip and fall" or a misstep and fall caused by a change in surface elevation. A more accurate term to describe all of the accidents that result from falls on premises would probably be "fall down" accidents.
What is the new law in Florida regarding fall down accidents?
Effective July 1, 2010, the new law in Florida regarding slip and fall cases is found at Section 768.0755, Florida Statutes. I f a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. A transitory foreign substance would be something like a spilled liquid, trash on the ground, etc. Constructive knowledge may be proven by circumstantial evidence showing either (1) that the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or (2) that the condition occurred with regularity and was therefore foreseeable.
Is the owner of the business or other premises legally responsible for injuries sustained in "slip and fall" or "fall down" accidents?
In Florida, the obligation or duty of the landowner to the injured person changes to some degree, depending on the particular status of that person at the time of the fall. As a general rule of Florida law, the owner or possessor of property, whether that property is a business, a house, a store, an office, an apartment building, hotel or otherwise, can be held accountable for your injuries if they negligently failed to maintain their premises in a reasonably safe condition, or if they negligently failed to correct a dangerous condition of which they either knew or should have known by the use of reasonable care, or if they negligently failed to warn you of a dangerous condition concerning which they had, or should have had, knowledge greater than that of you. This is changing area of personal injury law in Florida, so please consult with an accident attorney regarding the specific facts of your case.
What are the defenses that I can expect will be raised against me in my claim based upon a fall on someone else's premises?
One of the most common defenses is to deny the existence of any dangerous condition on the premises or the denial by the property owner of having knowledge of the existence of the dangerous condition. Another common defense is to argue that you were careless or negligent in failing to observe the dangerous condition or that the dangerous condition was “open and obvious,” and as a result, you should either have all your compensation denied or reduced according to your own percentage of comparative fault.
