Property owners who fail to keep their premises safe and up to code are asking for trouble. If you or a loved one has suffered a slip-and-fall injury in Florida, establishing liability can unfortunately be really challenging. Considering the recent law changes in the Sunshine State, this is a good time to learn what your rights are if you have been injured due to another party’s negligent actions.
According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of injury-related deaths in Florida. In short, slip-and-fall accidents can be very dangerous and subsequently costly for the party who is found liable. Under Florida law, several parties may be held responsible for the injury and subsequent damages resulting from your fall. This post shows the various categories of property owners that could be held liable following a slip-and-fall injury in Florida.
Our team of personal injury lawyers understands the potential complexities that come with these cases and are here to help answer any questions you may have. If you’ve been in a slip-and-fall accident on someone else’s property, call (727) 821-3195.
The Cliff Notes: Key Takeaways From This Post
- Under Florida law, several parties may be held responsible for the injury sustained in a slip-and-fall accident.
- Examples of property owners that can be sued include commercial, residential, government, and occupiers of land.
- Property owners owe a duty of care to maintain their property in a safe condition; common causes include uneven surfaces, poor lighting, or wet floors.
- If a contractor is found negligent for an accident then they can also be held liable for any injuries sustained.
- Employees may also sue their employers if their negligence is determined as the cause of an accident.
- As of March 2023 in Florida, anyone injured in a slip-and-fall accident must take legal action with proper documentation within two years from the date of injury.
When You Can And Can’t Sue Property Owners For A Slip And Fall Accident
When it comes to slip-and-fall accidents, the state of Florida offers a range of protections for anyone injured due to negligence or hazardous conditions on another person’s property. If you’re hurt in a slip-and-fall accident, you’ll need to understand who can be held liable in Florida:
Types Of Property Owners Who Can Be Held Liable
In Florida, there are four main types of property owners who can be held liable in a slip-and-fall case:
- Commercial Property Owners: These include owners of retail stores, restaurants, shopping centers, and other businesses.
- Residential Property Owners: These include homeowners who rent or own their homes.
- Government Property Owners: These include public agencies and entities such as schools, parks, and city buildings.
- Occupiers Of Land: These are people or organizations who have a legal right to occupy lands, such as tenants and those with easements.
Duty Of Care Owed By Property Owners
Property owners have a duty of care to maintain their property in a safe condition for anyone who enters it. This includes inspecting the premises regularly and addressing any potential hazards. When a property owner fails to do this, they can be held liable for any slip-and-fall accidents that occur.
Common Causes Of Slip And Fall Accidents On Properties
Some of the most common causes of slip-and-fall accidents on properties include:
- Uneven surfaces
- Poorly maintained walkways, steps, or staircases
- Poor lighting in areas that are dark or hard to see
- Wet floors
- Loose carpets or rugs
Examples Of Situations Where Property Owners May Be Held Liable
Here are some examples of slip-and-fall accidents for which a property owner may be held accountable:
- If a homeowner may be held liable for a slip-and-fall injury caused by an obscured stairwell or poor lighting
- A restaurant owner does not have any signs warning of a wet floor, and an individual falls and gets injured.
- A business owner fails to keep their stairs up to code and someone trips on them and breaks a bone.
- Landlord neglects to address an uneven sidewalk in front of their rental property, resulting in a slip-and-fall injury.
Holding Florida Property Managers Accountable For Slip And Fall Accidents
Under Florida law, if a property owner fails to maintain their property in a safe condition and an individual is injured as a result, then the victim may be able to seek financial compensation for any medical expenses or other damages.
The key to winning a slip-and-fall case is being able to prove that the property owner was aware of the hazard and failed to address it. It’s important to speak to an experienced slip-and-fall lawyer who is knowledgeable about Florida laws in order to determine if you have a viable case.
Types Of Property Managers Who Can Be Sued
Property managers of the following can be sued for slip-and-fall accidents:
- Retail establishments
- Restaurants
- Grocery stores
- Hotels
- Apartment complexes
- Shopping malls
- Condominiums
- Private homes
Examples Of Situations Where Property Managers May Be Held Liable
Common examples of situations where property managers could be held accountable for a slip-and-fall accident include:
- If property managers fail to install proper lighting in stairwells, resulting in a slip-and-fall accident.
- Neglecting to clean up standing water on their premises.
- Property managers don’t replace broken tiles, resulting in someone tripping up.
- Property managers don’t put up warning signs about wet floors, leading to someone slipping and getting injured.
Contractors And Liability For Slip And Fall Injuries: What You Need To Know
A contractor is defined as a person or company that undertakes a job or project which involves constructing, repairing, or maintaining an item or structure. This includes construction workers, handymen, plumbers, painters, electricians, and more. Contractors can be to blame for slip-and-fall injuries if it is established that the accident was caused by negligence on their part.
Types Of Contractors Who Can Be Held Liable
Construction contractors and maintenance contractors can both be held liable for slip-and-fall injuries if their negligence is determined to be the cause of an accident.
Do Contractors Owe A Duty Of Care?
Yes, contractors owe a duty of care to any person who may be affected by their work. This means that they must take reasonable steps to ensure that the area is safe and free from hazards before allowing anyone to enter it.
Examples Of Situations Where Contractors May Be Held Liable
A contractor could be held liable for a slip-and-fall accident if:
- They fail to clean up a slippery substance on the floor, resulting in someone slipping and falling.
- Neglect to fix a loose or broken handrail, resulting in someone tripping and falling.
- Doesn’t take the necessary safety measures when painting a floor or stairs, leading to someone slipping and getting injured.
- Fail to put up warning signs when doing work on a property, resulting in someone slipping and getting injured.
Can Employees Sue Employers For Slip And Fall Accidents In Florida?
Employees in Florida can sue their employers for slip-and-fall accidents if the accident was caused by negligence on the part of the employer. Under Florida law, employers owe a duty of care to their employees to ensure that they are provided with a safe work environment.
Duty Of Care Owed By Employers In Florida
An employer’s duty of care includes making sure all areas are properly lit, that walking surfaces are clean and free from debris, and that any necessary warning signs are posted.
Can Employees Ever Be Held Liable For A Slip And Fall Injury?
In some cases, an employee may be held liable for a slip-and-fall injury if they knew or should have known that a hazard existed on the premises and failed to take action. For example, if an employee saw waste or another liquid on the floor but failed to clean it up, then they could be held liable for any resulting injuries.
Can You Sue If You Were Injured On Government Property In Florida?
In Florida, the law states that any person who slips and falls on government property due to dangerous conditions or negligence can take legal action. The state of Florida recognizes slip-and-fall accidents as premises liability claims, meaning that the entity responsible for maintaining the property is liable for any injuries sustained by those on their property.
Filing An Injury Claim Against Florida Based Government Entity
In order to bring a personal injury lawsuit against the government, there are certain requirements that must be met. You must be able to prove that the slip-and-fall injury was caused by dangerous conditions on the property that were not properly maintained by the government. It’s best to consult a slip-and-fall accident lawyer when deciding to file against a government-owned property.
The Statute Of Limitations For Slip And Fall Injury Claims Against Government Entities
In the state of Florida, you have two years to file a claim against a government entity for a slip-and-fall injury. This time limit starts from the date of your accident or when you become aware of your injury from the incident. If you fail to file your claim within two years, you may lose the chance to get compensation for your injury.
Slip And Fall Injury In Florida? Call Herman & Wells
If you were injured on someone else’s property in Florida and are considering filing a personal injury claim, contact Herman & Wells to discuss your legal options. Our knowledgeable attorneys have extensive experience in dealing with slip-and-fall injury claims against government entities, private entities, and commercial property owners.
We will work tirelessly to ensure that you receive the full compensation you deserve. We understand the complexities of these types of cases and will use our expertise to help you achieve a successful outcome. Call (727) 821-3195 today for a free consultation to discuss your case!