Slip and fall accidents can result in severe, debilitating injuries no matter where they occur; you are just as likely to sustain a concussion if you are in a grocery store as you are on a neighbor’s front stairs. In Florida, over 4,000 people died from unintentional falls in 2022, and the circumstances under which these accidents occurred were as varied as the individuals involved.
All of that is not to say that the location of your slip and fall accident is unimportant. Depending on the precise facts of your personal injury case, it can be easier to work with a slip and fall lawyer to bring forth a legal claim arising from a slip and fall accident on a commercial property as opposed to a private residence.
Basics of Florida Premises Liability Law in Slip and Fall Cases
Individuals and entities who own property in Florida have legal obligations to others. If someone is hurt while on another’s property as a direct result of the owner violating their legal obligations, the owner can be responsible for paying damages. These could include compensation for the victim’s medical bills, lost wages, and other losses.
The duties a property owner owes to others depend more on the permission; if any, the victim has to be on the property instead of the type of property itself. With that in mind, consider the following types of visitors:
Trespassers
Trespassers are individuals who do not have the owner’s permission to be present on the property at all. A property owner owes no obligation to a trespasser other than the duty not to intentionally injure them for merely trespassing. For example, a homeowner can certainly confront a trespasser to tell them to leave, but they cannot set up a booby trap in their backyard to injure someone walking through it as a shortcut.
It is usually easier for a private residential property owner to prove someone’s trespassing. Homes have fences and are often closed to the public, whereas commercial establishments like restaurants, grocery stores, and shops are generally open to others.
Suppose that a customer slips and falls in a grocery store near an area intended only for employee use. Unless the area was secured against unauthorized entry and the customer physically broke into it, it would be difficult for the owner to convince a court that the victim was a trespasser.
Licensees
A licensee is distinguishable from a trespasser in that the former has the property owner’s implicit or explicit permission to enter the premises for the licensee’s benefit. An example of a licensee would be a person whose neighbor allows them to come over and borrow their tools as needed.
Licensees are more common in private, residential settings than in commercial settings, although there could be situations involving the latter. For example, suppose that two businesses share a common building. In order to reach the second business, customers must walk through the first business’s portion of the building. If the first business allows that kind of pass-through, then shoppers of the second business are licensees of the first.
Property owners have added responsibilities to licensees compared to trespassers. Specifically, they must warn licensees about any known dangers that might not be obvious to them. For instance, a homeowner who knows the railing on their front stairs is loose should either place a warning sign or have the railing fixed, assuming the owner can repair the danger without unreasonable expense or effort.
Invitees
Invitees are most commonly encountered in commercial settings. These are individuals whom the property owner invites to come onto their properties for their benefit. A retail establishment’s customers are invitees of that business because the business owner opens their property for customers to come in and make purchases.
Property owners have the greatest obligation to invitees in a slip and fall case. They must not only warn of known-yet-non-obvious dangers but also reasonably inspect their properties and look for them. If any are discovered, the property owner must either alert invitees to the danger or fix the hazard.
It’s for that reason that you will often see wet floor signs near leaks or spills that might seem obvious. The duty to warn invitees extends to obvious and non-obvious dangers alike to prevent personal injury cases.
Reasonable Actions Depend on the Owner and Property Type in a Slip and Fall Case
When a property owner has a legal obligation to take action, determining whether their conduct is legally sufficient to meet their obligation depends on its reasonableness. However, what may be considered “reasonable” in one setting might not be so in another.
That is because reasonableness takes the following into consideration:
- The type of property involved (public, private, or commercial)
- The way in which the property is put to use
- The resources of the property owner
- The time between the action of the owner and the slip and fall injury
Let’s say that a display freezer breaks in a large grocery store, causing a pool of water to form in front of it. A reasonable course of action for the business would be to restrict access to the area, turn the freezer off, and immediately mop up the area. Signs may also be posted around the area until the freezer is repaired.
As another example, suppose that a homeowner who allows their neighbor to cross through the backyard as needed is away on vacation, and their sprinkler system breaks, flooding the yard. The neighbor, unaware of the new hazard, slips and falls into a puddle. In this scenario, the homeowner would likely not face liability because the homeowner did nothing unreasonable under these circumstances.
Contact Your Slip and Fall Lawyer at Schrier Law Group About Your Case
Whether you have had an injury at your neighbor’s house or your local grocery store, you deserve to have your rights analyzed by an experienced slip and fall lawyer. Your rights and ability to recover compensation depend not just on where you were hurt but also on what actions the property owner took to fulfill their legal obligations.
Contact Schrier Law Group and speak with one of our knowledgeable and skilled Florida slip and fall lawyers. They will ensure you understand your legal options and decide what is best for your situation. Reach out to us today to get started.
