As we all know, murky Florida law can be very difficult to navigate. However, there are several ways in which one could prevail on a slip and fall case.
Under Florida premises liability law, a landowner or business must maintain their property to be in a reasonably safe condition for customers or guests, who are also commonly referred to as “business invitees”. If the owner is aware, or reasonably should be aware that part of the property is not in a safe condition, the problem must be fixed, or the owner could be liable for any injuries that occur due to their failure to maintain the premises.
There are three elements a victim must prove in order to prevail on a slip and fall case:
- The property owner created the dangerous condition
- The property owner knew of the dangerous condition and was negligent by failing to correct the dangerous condition; OR
- The condition existed for a long enough period of time that a reasonable property owner should have discovered and corrected the dangerous condition before your accident occurred.
However, it is important to understand that Florida also utilizes “comparative negligence” when analyzing slip and fall cases. This means that a person must be aware of and avoid “open and obvious” hazards on a property. This is a tricky area of law, and could mean that a consumer’s personal negligence may not recover as much even if there was a dangerous condition on the property. This is why it is so important to make sure you hire an attorney that knows and understands Florida law and can correctly apply it favorably for your case.
If you have been injured as a result of a slip and fall accident, please call us for a free consultation to ensure your rights as a victim are protected.